Verified By Quin - Terms of Service


Terms of Service

Last updated March 20, 2019

Terms of Service

The following terms of service (the "Terms" or “Terms of Service” or "Terms of Use") will govern your use of the Verified By Quin application (the "Service"), which is owned and operated by Quin, Inc., a Delaware corporation (the ‘Company”). As used in these Terms of Service: (a)  the words” you” and ‘your’ or any variation thereof refer to you as the user of the Service, as well as any employees, representatives, contractors or others whom you permit to  access  or use the Service, (b)  the  words “us", "we", or "our” or any variation thereof refer to the Company, and (c)  the term "Site" refers to: (i) the www.verifiedbyquin.com website together with any related  applications , mobile applications, downloads  and   software updates, (ii) all content or  pages  thereon,  and (iii)  any equivalent, mirror, replacement, substitute or backup website, device, or application, associated with  any of the forgoing.

Acceptance of Terms of Service

Your access to, and use of, the Service is conditioned upon your acceptance of, and compliance with these Terms of Service. These Terms of Service will apply to you and to any employees, representatives, contractors or others who access or use the Service, whether or not they have permission to do so.   The Company reserves the right to modify these Terms of Service at any time without advance notice to you. Any such changes will be posted on the Site. Each version of these Terms of Service will include the date of publication.  By continuing to access or use the Service after any revisions become effective, you agree to be bound by such revised Terms. If you provide written notice to us that you do not agree to the new terms, you will not be authorized to use the Service after the date the new terms are effective.  

Agreement to Provide Customer Feedback In Lieu of Fees

As an inaugural customer of the Service, you will not be charged any fees for using the Service.  In return, you will be expected to provide feedback to the Company about your experiences, which we will use to evaluate and improve the Service.  From time to time we may also ask you to provide your feedback to the Company’s investors, partners, prospective customers or other third parties about your experience using the Service.  We will provide you with advance notice,  and a new set of Terms of Service prior to  adopting a  fee or subscription based revenue model.  

Accounts

In order to access the Service, you will be required to create an account (the ‘Account’). When you create an Account, you represent to the Company that: (a) you are above the  legal age in your state to enter into an binding agreement,  (b) you are not  prohibited by law or order (judicial or otherwise) from receiving or using the Service,  and (c) that the information you provide to the Company is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the termination of your Account and your ability to access the Service.

You are responsible for maintaining the confidentiality of your Account and the related password and log-in credentials and are expected to take common sense steps to restrict access to your each. You agree to accept full financial responsibility for all purchases made or orders submitted under your Account. You must notify us immediately upon becoming aware of any security breach or unauthorized access or use of your Account.

The Company reserves the right to at any time, refuse to provide access to the Service, to suspend or terminate any Account, or to cancel pending purchases, in our sole discretion.

Privacy

We take security of your sensitive information seriously. We maintain industry-standard administrative, technical and physical safeguards to protect your information. For information about the Company’s data protection practices, please read our Privacy Policy, https://verifiedbyquin.com/privacy-policy/, which is hereby incorporated herein by reference. The Privacy Policy explains how we treat  personal information when you use the Service and may be updated from time to time by the Company at our discretion. Unless otherwise stated, changes to the Privacy Policy will be effective upon posting to the Site. By agreeing to these Terms of Service, you are consenting to the sharing by the Company of any “non-public personal information” you provide in connection with your use of the Site, including information provided in connection with any purchase and to the extent and in the manner described in the Privacy Policy.  

The Company may employ the use of third-party services  to facilitate payment for purchases. By submitting your Purchase Information, you consent to the Company providing any portion of such Purchase Information to third parties to the extent necessary to facilitate your purchase or, to satisfy the vendors fraud or compliance procedures to complete the purchase.  Any sharing of Purchase Information will be subject to the protocols set forth in the Company’s Privacy Policy, https://verifiedbyquin.com/privacy-policy/.  Your consent to sharing non-public personal information will remain in effect until you revoke such consent by updating the Privacy settings in your Account.

Service Availability, Errors and Inaccuracies

The Company is continuously improving the product and service offerings available through the Service and therefore cannot guarantee that at all times publicly available product information on the Site will be accurate or complete.  Periodically, we may experience delays in updating the Site or our advertising campaigns or marketing materials to reflect product changes or pricing changes.  As a result, products or services listed on the Site or advertised to the public may occasionally be mispriced, inaccurately described, or unavailable for purchase.

We therefore reserve the right to at any time change or update descriptions of the products and services available through the Site to correct errors, inaccuracies, or omissions.

Intellectual Property

The Service, the Site and all related content, features and functionality are and will remain the exclusive property of the Company.   The Company has filed for patent protection  on key  components of the  Service and has sought and received  copyright and  trademark protection , as appropriate on its other  intellectual property  related to the Service. The Company’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Site Usage

You agree to only use the Service and the Site in connection with the lawful diligence activities related to the verification of the authenticity of documents and emails lawfully received by you in the ordinary course of business. You may not copy, imitate, distribute, frame, reproduce, republish, create derivative works from, download, display, perform, post, transmit, license, sell, or otherwise use any information on the Site without the prior written consent of the Company.

Termination

The Company reserves the right to terminate or  suspend  your  Account, at any time  and for any reason, including,  without limitation, if   (a) you fail to provide or confirm any Purchase Information;  (b)  breach  any obligation you have under  these  Terms  of Service, or  (c) the Company determines in our sole discretion based on your Account usage or other available  information,  that  your Account or the Service is being used to facilitate, suspicious, irregular, unauthorized, fraudulent or illegal activity.

If you wish to terminate your Account, you may advise the Company in writing through your Account.  The Company also has the right to close any dormant Account  which has not been used  for a period of thirty (30) calendar days or more  or any Account which is  delinquent  and has failed to pay any amounts due the Company within thirty (30) days of the date of any purchase.

The parties agree that provisions within these Terms of Service which by their nature   would typically survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnity and limitation of liability provisions, shall survive termination.

Indemnification and Limitation of Liability

You agree to defend, indemnify and hold harmless  the Company  and its employees, officers,  directors, contractors, and  agents, from and against any and all claims, damages, obligations, losses, liabilities, costs  and expenses (including but not limited to attorney's fees),  to the extent resulting from, or arising out of: (a)  the  unauthorized or improper use or the Service by you or any person using your Account , (b) a breach of  your obligations under these Terms of Service, or (c)  any improper or unauthorized use of any intellectual property associated with the Company or the Service.

The Company and its employees, officers,  directors, contractors, and  agents shall be liable only for actual proven damages directly arising from the negligent failure to perform  any obligations  expressly undertaken hereunder, provided however that in no event shall any of the forgoing be liable for losses or damages in excess of the amount of the transaction  fees , if any received by the Company in connection with the transaction from which the  claim arises.

THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF THE COMPANY AND ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR CONTRACTORS, IN CONNECTION WITH YOUR USE OF THE SERVICE.

Disclaimer and Exclusion of Warranties

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. IN NO EVENT WILL WE OR ANY THIRD-PARTY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ISSUE WHICH RESULTS IN YOUR INABILITY TO USE THE SITE.

The Company  does not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected in a timely manner if at all; c) the Service  will be  free of viruses or other harmful components; or d) the  information or results  obtained  through use of  the Service will meet your requirements.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.  Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.  These Terms constitute the entire agreement between us regarding the Service and supersede and replace any prior agreements we might have had between us regarding the Service.

If any provision or condition of this Agreement is or becomes inconsistent with any applicable present or future law, regulation or rule or shall be held invalid or unenforceable by a court, regulatory or self-regulatory agency or body, (i) such provision or condition shall be deemed rescinded or appropriately modified, and (ii) all other provisions and conditions of this Agreement shall remain in full force and effect.

Contact Us

If you have any questions about these Terms, please contact us at contact@verifiedbyquin.com.