Terms of Service for Customers
As provided in greater detail in these Terms (and without limiting the express language of the Terms below), you agree and acknowledge that the Terms include the following material terms:
• your use of the QCutter Services may be subject to separate third party terms of service and fees, including without limitation your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage, messaging and overage, which are your sole responsibility;
• the QCutter Services are provided “as is” without warranties of any kind and QCutter’s liability to you is limited;
• if you have an QCutter account, you may receive coupons when using the QCutter Service which can only be used on the QCutter Service within thirty (30) days of receipt of the coupon.
• you may receive text messages from or on behalf of QCutter as a part of the QCutter Services at the cell phone number(s) provided by you to QCutter, and you consent to receiving such text messages.
• disputes arising hereunder will be resolved by binding arbitration, and BY ACCEPTING THESE TERMS, YOU AND QCUTTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Dispute and Arbitration Section below for the details regarding your agreement to arbitrate any disputes with QCutter; and
Please note that if you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Website and the QCutter Services, and your parent or legal guardian must read and agree to these Terms prior to your using the Website and the QCutter Services. Notwithstanding the foregoing, however, persons under the age of 13 are not permitted to register for the Website or use the QCutter Services.
The Website is owned and operated by QCutter, LLC (“QCutter”), and is currently hosted in the United States. QCutter reserves the right to modify or discontinue, temporarily or permanently, and at any time, the Website and/or the QCutter Services (or any part thereof) with or without notice. You agree that QCutter shall not be liable to you or to any third party for any modification, suspension or discontinuance of the QCutter Services.
Please note that QCutter may modify these Terms from time to time, and any change to these Terms will be reflected on the Website (with revisions being indicated by date), and you agree to be bound to any changes to these Terms when you use the Website or the QCutter Services. QCutter may also, in its sole and absolute discretion, choose to alert via email all users with whom it maintains email information of such modifications. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of any such changes. Modifications to these Terms shall be effective 30 days after being posted but shall not apply retroactively. Also, occasionally there may be information on the Website or within the QCutter Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information, and QCutter reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
The Website and the QCutter Services
The Website and the QCutter Services are a third-party marketplace for customers (“Customers”) to view, discuss, and place orders for food and beverages, and pick- up and/or delivery services in connection therewith, with participating Vendors (the “Vendors”). QCutter provides order placement services only. QCutter is not a merchant of food or beverages, or provider of any pickup or delivery services in connection therewith, and does not control the Vendors or the production of any food or beverages, or any pick-up or delivery services therewith.
The Vendors have entered into agreements with QCutter to comply with federal, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. QCutter, including the Website and the QCutter Services, does not in any way independently verify the credentials or representations of any of the Vendors, the ingredients or the quality of any their products or services, or any Vendor’s compliance with applicable laws.
Customers using the QCutter Services must make themselves comfortable through the information provided by the Vendors on the Website, by contacting the Vendors directly, or through such other means or methods as they may deem appropriate, as to the quality and reliability and quality of the Vendors and the Vendors’ compliance with applicable laws. QCutter, including the Website and the QCutter Services, does not in any way guarantee the quality of any Vendor or any food or beverage, or any pickup- up or delivery service in connection therewith, or any compliance thereof with applicable laws. In addition, a Vendor may represent certain standards with respect to their food preparation (or other services), such as “organic,” “kosher,” “macrobiotic” or allergen- specific standards such as “nut-free,” “gluten-free,” or “lactose-free”; QCutter does not investigate or verify any such representations. QCutter shall not be liable or responsible for any food or beverages, or any other services, offered by the Vendors or any errors or misrepresentations made by them (including on the Website and through the QCutter Services).
We do take customer satisfaction very seriously and, in addition to contacting the applicable Vendor directly, we ask that you notify QCutter of all complaints or concerns that you might have regarding the Vendors.
ORDERING AND PAYMENT
When you place an order through the QCutter Services, you will be given a choice of payment options, which may include via credit card, PayPal®, and direct payment to the applicable Vendor. If you pay for your purchase via credit card or PayPal, we will ask for a valid credit card or PayPal account, as applicable, which will be billed through the QCutter Services, for the purchase price of the applicable order, and “QCutter” will be the name that appears on the credit card or PayPal statement, as applicable. As stated above, however, QCutter, including the Website and the QCutter Services, is not and shall not in any manner be considered the seller of any of the food, beverages, and services ordered.
All orders for alcoholic beverages placed through the App or the Service are accepted, reviewed, and ultimately fulfilled by the selected licensed retailer(s). All alcoholic beverage sales and/or alcohol transportation and delivery services through the App or the Services are solely transacted between you and the selected licensed retailer(s). QCutter does not provide or sell alcoholic beverages and is not a licensed alcohol retailer, and QCutter is not responsible for the sale, service, transportation or delivery of alcoholic beverages.
At the time of purchase, your credit card will be charged by a third party credit card processing provider who will transfer and deliver funds to the licensed retailer, and QCutter receives no portion of the purchase price for the alcoholic beverages sold through the App
QCutter takes customer satisfaction very seriously. If you have any problems with your order, we ask that you contact the Vendor directly, but, if you have not been able to resolve your issue with the Vendor to your satisfaction, please contact QCutter and we will try to assist you. In appropriate cases, if you have already been billed by QCutter, QCutter may issue full or partial refunds, or “Cash Coupons”.
USER REPRESENTATIONS, WARRANTIES AND COVENANTS
By using the Website and/or the QCutter Services, you represent, warrant, and covenant that:
a all registration information you submit is truthful and accurate, and that you will maintain the accuracy of such information;
b you will keep your password confidential and will be responsible for all use of your password and your account;
c you are not a minor in the jurisdiction in which you reside, or if you are a minor, that you are above the age of 13 and that you have received the permission of your parents or legal guardian to use the Website and the QCutter Services; and
d your use of the Website and the QCutter Services does not violate any applicable law.
The Website and the QCutter Services allow users to interact with other users by uploading content to the QCutter Service, including reviews, comments, photos, images and other types of works (your “Contribution(s)”). You retain copyright and any other proprietary rights that you may hold in the Contributions that you post to the QCutter Service.
You are entirely responsible for the content of, and any harm resulting from, your use of and uploading of your Contributions. When you publish or post a Contribution, you thereby represent and warrant that:
a the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
b you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize QCutter, the Website, and the Services, and all uses thereof, to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
c your Contribution is not (in all cases as determined by QCutter in its sole and absolute discretion) obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable, libelous or slanderous, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
d your Contribution does not constitute, contain, install or attempt to install or promote your Contribution does not contain any viruses, worms, Trojan horses, malicious code, spyware, malware or other or any other computer code or harmful or destructive content, whether on QCutter’s or others’ computers or equipment, including any computer code designed to enable you or others to gather information about or monitor the activities of another party;
e your Contribution does not inundate the Website with communications or other traffic suggesting no serious intent to use the Website for its stated purpose;
f your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
g your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by QCutter in its sole and absolute discretion.
By posting Contributions, you automatically grant, and you represent and warrant that you have the right to grant, to QCutter an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide license to use, copy, publicly perform, publicly display, modify, reformat, translate, excerpt (in whole or in part), create derivative works of and distribute such Contributions for any purpose, commercial, advertising, or otherwise, on or in connection with the Website, the QCutter Services or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing.
QCutter has the right, in its sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
QCutter may accept, reject, or remove any Contributions, including Vendor reviews in its sole and absolute discretion, but QCutter has absolutely no obligation to screen or delete Contributions, even if someone considers a particular Contribution to be objectionable or inaccurate. If you are posting a review of a Vendor, your review must comply with the following criteria: (1) you should have firsthand experience with the Vendor; (2) you are not affiliated with any competitors of the Vendor; (3) you will not make any conclusions as to the legality of the Vendors products, services, or conduct; and (4) your review must comply with the other Contribution representations, warranties, covenants, and other agreements in these Terms. Reviews are not endorsed by QCutter (including its Website and the QCutter Services), and do not represent the views of QCutter or of any affiliate or partner of QCutter. QCutter does not assume liability for any review or for any claims, liabilities or losses resulting from any review.
SUBMISSIONS AND FEEDBACK
In addition to the rights granted by you with respect to your Contributions, you acknowledge and agree that all questions, comments, suggestions, ideas, feedback or other information regarding the Website and/or the QCutter Services (“Submissions”) provided by you to or via QCutter, the Website, or the QCutter Services are non-confidential and QCutter (as well as any designee of QCutter) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
The Website and the QCutter Services are for personal, noncommercial use only (unless specifically endorse or approved by QCutter). You may not access or use the Website for any other purpose other than the legitimate review and request for food and beverage products, pick-up and delivery services in connection therewith, provided by the Vendors. Additionally, the following uses and activities of and with respect to QCutter, including the Website and the QCutter Services, are prohibited:
a criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
b advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by QCutter;
c systematic retrieval of data or other content from the Website or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
d engaging in unauthorized framing of or linking to the Website or the QCutter Services;
e transmitting chain letters or junk email;
f using any information obtained from the Website or the QCutter Services in order to contact, advertise to, solicit, or sell to any user;
g engaging in any automated use of the Website or the QCutter Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
h interfering with, disrupting, or creating an undue burden on the Website or the QCutter Services or the networks or services connected or linked thereto;
i attempting to impersonate another user or person;
j using the username of another user;
k selling or otherwise transferring your profile;
l using any information obtained from the Website or the QCutter Services in order to harass, abuse, or harm another person;
musing the Website or the QCutter Service as part of any effort to compete with QCutter, the Website, or the QCutter Service or to provide services as a service bureau;
n deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website or the QCutter Services;
o attempting to bypass any measures of the Website or the QCutter Services designed to prevent or restrict access to the Website or the QCutter Services, or any portion of the Website or the QCutter Services;
p harassing, annoying, intimidating or threatening any QCutter employees or agents engaged in providing any portion of the QCutter Services;
q displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website or the QCutter Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
r deleting the copyright or other proprietary rights notice from any Contribution or any portion of the Website or the QCutter Services (including any content therein and thereof); and
s using the Website and/or the QCutter Services in any manner inconsistent with any and all applicable laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
As between you and QCutter, all of the content included in and as a part of the Website and the QCutter Services (including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, the “QCutter Content”), including all trademarks, service marks, and logos contained therein (“Marks”), is the property of or is licensed to QCutter, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. QCutter reserves all rights in and to the Website, the QCutter Services, and the QCutter Content and Marks. Subject to your agreement to, compliance with, and except as otherwise prohibited by, these Terms, you are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Website and the QCutter Services; the license granted hereby does not include any resale or commercial use of the Website, the QCutter Services, or the QCutter Content. If you download or print a copy of the QCutter Content for personal use in accordance with the limited license granted herein, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any QCutter Content or enforce limitations on use of the Website or the QCutter Content therein.
THIRD PARTY WEBSITES AND CONTENT
The Website and the QCutter Services may contain, or you may be sent through the Website or the QCutter Service to, links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by QCutter (including the Website and the QCutter Services), and QCutter (including the Website and the QCutter Services) are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you agree that QCutter (including the Website and the QCutter Services) shall have no responsibility with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or through the use of the QCutter Services or as may otherwise relate to any applications that you use or install from the Website or through the QCutter Services. Any purchases you make through Third Party Websites will be through and from the applicable third party, and QCutter (including the Website and the QCutter Services) takes no responsibility whatsoever in relation to such purchases, which you agree are exclusively between you and the applicable third party.
QCutter reserves the right but does not have the obligation to:
a monitor the Website and the QCutter Services for violations of these Terms;
b take appropriate legal action against anyone who, in QCutter’s sole and absolute discretion, violates these Terms, including without limitation, reporting such person to law enforcement authorities;
c in QCutter’s sole and absolute discretion, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any applicable policy of QCutter, the Website, and/or the QCutter Services;
d in QCutter’s sole and absolute discretion, remove from the Website or the QCutter Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to the Website’s or the QCutter Services’ systems; and
e otherwise manage the Website in a manner designed to protect the rights and property of QCutter and others and to facilitate the proper functioning of the Website and the QCutter Services.
DATA AND TEXT MESSAGE RATES
You may be able to access the QCutter Services through your mobile device or cellphone. If a Vendor is unable to reach you to complete delivery, we may send you a text message. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data and messaging plans to understand any relevant costs incurred by your use of the QCutter Services. We are not responsible for any fees charged by your data or cellphone carrier.
You hereby consent to receive text messages from or on behalf of QCutter as a part of the QCutter Services at the cell phone number(s) provided by you to QCutter. You also agree that such text messages may be generated using an automatic telephone dialing system. You should must us immediately if the cell phone number(s) you have provided to QCutter are changed or disconnected.
TERM AND TERMINATION
These Terms shall remain in full force and effect while you use the Website or the QCutter Services. You may terminate your use or participation at any time, for any reason, by either ceasing to use the Website and the QCutter Services.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, QCUTTER RESERVES THE RIGHT TO, IN QCUTTER’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE QCUTTER SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND QCUTTER MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE QCUTTER SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN QCUTTER’S SOLE AND ABSOLUTE DISCRETION.
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
Your use of the QCutter Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the QCutter Service or certain features of the QCutter Service that we may post on or link to on the QCutter Service (the "Additional Terms"), such as end- user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the QCutter Service. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and QCutter agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, CA for the purpose of litigating any dispute. We operate the QCutter Service from our offices in San Francisco, and we make no representation that the QCutter Services are appropriate or available for use in other locations.
If there is a dispute between users of the Website, or between users and any third party (including any Vendor), you understand and agree that QCutter (including the Website and the QCutter Services) is under no obligation to become involved. In the event that you have any such dispute between users and any third party (including any Vendor), you hereby release QCutter (including the Website and the QCutter Services), its members, managers, employees, service providers, affiliates, agents and successors from all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
In the interest of resolving disputes between you and QCutter in the most expedient and cost effective manner, you and QCutter agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND QCUTTER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Despite the provisions of the paragraph directly above, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and QCutter will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting QCutter.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail ("Notice"). QCutter's address for Notice is: QCutter, LLC, 2 Marina Blvd, Fort Mason Center, Building C, Room C370. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or QCutter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or QCutter must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If our dispute is finally resolved through arbitration in your favor, QCutter will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by QCutter in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
If you commence arbitration in accordance with these Terms, QCutter will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Francisco County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse QCutter for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
YOU AND QCUTTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and QCutter agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
If QCutter makes any future change to this arbitration provision (other than a change to QCutter's address for Notice), you may reject the change by sending us written notice within 30 days of the change to QCutter's address for Notice, in which case your account with QCutter will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject will survive.
If the paragraph above regarding class or representative proceedings is found to be unenforceable or if the entirety of this Disputes Section is found to be unenforceable, then the entirety of this Disputes Section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Governing Law Section will govern any action arising out of or related to these Terms.
QCutter cannot control the nature of all of the content available on the Website or through the QCutter Services, or the products and services being sold by the Vendors therein. By operating the Website and providing the QCutter Services, QCutter does not represent or imply that QCutter endorses any Vendor, Contributions, or any other content or products available on or linked to by the Website or through the QCutter Services, or that QCutter believes any products, Contributions, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable products or content you may encounter on the Website or through the QCutter Services or in connection with any Vendors, Contributions, or other third parties.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND QCUTTER SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, QCUTTER, ITS DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, MEMBERS, AND MANAGERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND QCUTTER SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. QCUTTER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND QCUTTER SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THROUGH THE QCUTTER SERVICES. QCUTTER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND QCUTTER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL QCUTTER OR ITS MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR QCUTTER SERVICES, EVEN IF QCUTTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QCUTTER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QCUTTER FOR ORDER PLACED BY YOU THROUGH THE QCUTTER SERVICES DURING THE PERIOD OF 1 MONTH PRIOR TO ANY CAUSE OF ACTION INITIALLY ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLYAFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold QCutter, its subsidiaries, and affiliates, and their respective members, managers, employees, service providers, and agents (collectively, the “QCutter Indemnitees”) harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any party due to or arising out of your Contributions, your use of the Website, or your use of QCutter Services, including, without limitation use in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations, warranties, or covenants set forth in these Terms. Notwithstanding the foregoing, QCutter reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify an QCutter Indemnitee, and you agree to cooperate, at your expense, with QCutter’s defense of such claims. QCutter will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
You may be offered coupons, currently called “Cash Coupons,” if you order from participating Vendors through the QCutter Services. Participating Vendors can be identified during the checkout process. In order to receive coupons, you must have a valid QCutter account. These coupons can only be applied to an order from any Vendor using your account on the QCutter Services. Unless required by law, such coupons are non-transferrable and are not redeemable for cash or any other consideration. ANY COUPONS WILL EXPIRE THIRTY (30) DAYS AFTER THE ISSUE DATE. If your QCutter account is terminated prior to the expiration date, any unexpired coupons remaining in your QCutter account will be terminated and cannot be redeemed unless as required by law.You are responsible for the unauthorized use of your coupons.
If at any time, QCutter offers gift cards, the following terms shall apply: (1) gift cards cannot be combined with cash, (2) gift cards are redeemable only with online payments; (3) gift cards are not redeemable for cash, (4) lost, stolen or damaged gift cards may be replaced only with valid proof of purchase and to the extent of the remaining gift card balance appears in QCutter’s records, (5) gift cards are not a credit or debit card, (6) there are no expiration dates and no fees for purchased gift cards, and (7) expiration dates or other terms may apply to promotional or service credit gift cards not purchased directly by a consumer.
From time to time, QCutter may conduct sweepstakes or contests. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
U.S. EXPORT CONTROLS
Software from this Website is further subject to United States export controls. No software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms constitutes the entire agreement between you and QCutter regarding the Website and the QCutter Services. The failure of QCutter to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms operates to the fullest extent permissible by law. These Terms and your account may not be assigned by you without our express written consent. QCutter may assign any or all of its rights and obligations to others at any time. QCutter shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond QCutter’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
In order to resolve a complaint regarding the Website or the QCutter Services, or to receive further information regarding the QCutter Services, please contact QCutter as set forth below, or, if any complaint with QCutter, the Website, or the QCutter Services is not satisfactorily resolved, and you are a California resident, you can contact.
2 Marina Blvd, Fort Mason Center, Building C, Room C370
San Francisco, CA 94123
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) INFRINGEMENT NOTICE AND POLICY
If you believe that content available on or through the Website infringes one or more of your copyrights, please immediately notify our Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by the Website infringes your copyright, you should consider first contacting an attorney. Company has a policy of terminating repeat infringers in appropriate circumstances.
All Notifications should include the following:
a A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
c Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material.
d Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to our Copyright Agent as follows:
We also will advise the alleged infringer of the DMCA Statutory Counter Notification procedure described below by which the alleged infringer may respond to your claim and request that we restore this material.