Quartr, Inc. operates this website (Quartr.app) as well as a number of related services, including our mobile application and social platforms (collectively, the “Quartr Services”). These Terms of Service (“Terms”) constitute a binding agreement between Quartr.app and Quartr Services (“we”, “us” or “our”) and you (“you” or “your”) and govern your use of the Quartr.app website (the “Website”) and your participation in the Quartr Services. These Terms apply to both customers of the Service who submit questions (“Customers”) and to members who respond to such questions (“Members”). These Terms also apply whether you register as a Member or Customer or browse the Site as a “Visitor” ("you" or “your” refers to the person accessing or using the Site or Services). These Terms further apply to any person accessing Quartr.app for whatever reason ("User"), including but not limited to, those individuals using Quartr.app through a referral program. If you do not agree to these Terms, you should immediately leave this page and not access or use the Website or the Quartr Service.
1. Acceptance. BY ACCESSING AN ACCOUNT OR USE OF QUARTR SERVICE YOU REPRESENT AND WARRANT TO US THAT (A) YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) YOU ARE AT LEAST 13 YEARS OF AGE; AND (C) YOU ARE OF SUFFICIENT LEGAL AGE TO LEGALLY ENTER INTO THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND SUCH COMPANY OR ORGANIZATION TO THESE TERMS, AND THE TERM “YOU” SHALL BE DEEMED TO INCLUDE SUCH COMPANY OR ORGANIZATION.
2. Updates to Terms and Changes to the Quartr Service. THESE TERMS MAY BE AMENDED OR CHANGED BY US AT OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME. Except as otherwise stated by us, these amendments or changes will become effective thirty (30) days following their initial posting and the applicable amendment or change will not apply with respect to any dispute that we had actual notice of prior to the effectiveness of the applicable amendment or change. We indicate at the top of the page when these Terms were last updated. Your continued access or use of the Quartr Service or Website following changes to this Agreement means that you accept those changes unless you have entered into a separate agreement with Quartr that expressly supersedes these Terms in writing.
4. Content. When you access the Quartr Website and/or Quartr Services, you obtain access to various kinds of information and materials, all of which we call “Content.” As a customer and member, you may also supply Content. Most Content comes in various forms including, but not exclusive to questions, comments, and replies that you or other Members and Customers contribute through the Quartr Services.
5. Accounts. In order to participate in the Quartr Service as a Member, you will be required to create an account with us (“Account”). Accounts may not be shared and may only be used by one individual per Account. By using your account, you certify that all information you provide is complete, accurate, and current. You agree to update such information as it changes. You are responsible for maintaining the security and confidentiality of your Account and password. You are responsible for any activities that take place under your Account or password, regardless of whether your authorized the activity. We are not to be liable for any loss or damages from your failure to comply with this obligation. If you become aware of any unauthorized access or activity to your Account, you shall notify Quartr immediately.
6. Quartr Service Requirements. In order to participate in the Quartr Service as a Member, you will need telecommunications access to a mobile phone compatible with the Quartr Service. You will also be responsible, at your expense, for all third party devices, personal computers, hardware or software that are required to access or use the Quartr Service and any telecommunications access and telephone service required to access or participate in the Quartr Service and all related third-party service fees (including ISP charges). Certain messaging, service and other standard fees and charges may be applied by your carrier. Please check your plan with your carrier to ensure that you are aware of any such fees and charges.
7. Use of Website and Quartr Service.
(a) You expressly acknowledge and agree that use of the Quartr website and service is at your sole discretion. You assume all risk of loss arising out of your use of the website and Quartr service.
(b) We reserve the right to restrict your access to and use of the Quartr service at any time for any reason
(c) You agree to keep any and all content (including, but not limited to, written, video, images, audio or multimedia content) received through Quartr confidential. Any publication, dissemination, distribution, copying, or sharing is strictly prohibited and considered a breach of these terms and conditions, and you can be sued for damages.
(d) You agree to update your profile every six months and/or whenever there is a material change in that information (such as a change of address, change in marital status).
(e) For Members. we reserve the right (but have no obligation) to restrict your ability to respond to Quartr and questions posed through the Quartr Service, including but not limited to, restricting Members from the ages of 13 through 18 from responding to questions or we deem to be of a mature or inappropriate nature.
(f) You may simply browse the Website or Quartr Services as a Visitor. Certain areas of the Website or Quartr Services, including viewing content and giving feedback through the Services, are restricted for Customers and Members only. In the event you provide us with information you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Quartr Services (or any portion thereof). Visitors agree not to attempt to access Customer areas of the Quartr Services.
(h) You may receive requests to test new product ideas that are still in the early stages of development. The products themselves, and the ideas and concepts regarding their manufacture and use, represent confidential information. By participating, you agree that the products to be shown to you, and described to you, are highly confidential and proprietary and you will not give them or expose them to any third party or discuss with anyone your experiences concerning them. The products shown to you, and described to you, are not available for sale and no offer for sale is being made to you. You agree that any ideas, patentable or not patentable, or suggestions contributed by you during the project, as well as any ideas, developments or inventions conceived by you as a result of your participation in the project, shall be the property of the owner. By participating, you agree that any compensation you receive (monetary or otherwise) will be sufficient for participation, which includes your agreement to abide by the confidentiality terms set forth in this agreement that neither yourself nor any member of your household is employed by a competitive company.
9. Personal License and Intellectual Property Rights.
(a) Subject to your full compliance with these Terms, we hereby grant you a limited, non-exclusive, personal and non-transferable license to access and use the Quartr Service for your personal use.
(b) We reserve all right, title and interest in and to the Quartr Service and all intellectual property rights therein. We retain exclusive ownership of any data that is generated by your use, or our operation, of the Quartr Service, other than your personal information. Your use of any data generated by your use or our operation of the Quartr Service may be published only with explicit permission of Quartr.
(c) You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Quartr Services (“Our Technology”) are: (i) copyrighted by us and/or our licensors under United States and international copyright laws; (ii) subject to other intellectual property and proprietary rights and laws; and (iii) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors.
10. User Guidelines and Restrictions; Prohibited Use and Content. Quartr is not responsible or liable for any loss or damages arising out of any prohibited activity. You agree that you will not, in connection with your use of any Quartr Service:
(a) Commit any activity that violates local, state, federal, or international law;
(b) Use the Quartr Service in any way that distracts or prevents you from obeying any traffic or safety laws or policies, including, but not limited to, use while driving or operating heavy machinery;
(c) Abuse or harass any other user or person;
(d) Collect or store personally identifying information about other users for commercial or unlawful purposes;
(e) Impersonate any person or entity;
(f) Employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Quartr Service;
(g) Engage in any activity which may compromise the stability or availability of the Quartr Service or use the Quartr Service to compromise the availability or stability of any third party site or service, including, but not limited to, use the network infrastructure and service in a manner that puts an excessive burden on the limitation on the network;
(h) Use automated means, including, but not limited to, spiders, robots, crawlers, or the like to download data from the Quartr Service or any related server or database;
(i) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Quartr Service or any portion thereof;
(j) Circumvent any security measures or any payment collection methods employed on or through the Quartr Service, or access or use the Quartr Service after your Account, these Terms or your access has been terminated or suspended by us;
(k) Use the Quartr Service to send or respond to any questions, content or material of a sexual overtone or nature or upload, post, email, otherwise transmit or post questions, content or material, or links to any questions, content or material, in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable, as determined by us;
(l) Upload, post, email, otherwise transmit or post links to any content or material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any person, or that contributes to, induces or facilitates such infringement;
(m) Upload, post, email, otherwise transmit or post links to any content or material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Quartr Service or any third party software, site, equipment or service;
(n) Upload, post, email, otherwise transmit or post links to any content or material that violates any applicable law, statute, ordinance or regulation; or
(o) Rent, lease or sublicense the Quartr Service.
11. Fees and Payments. Member use of the Quartr Service is subject to certain fees. These fees may change from time to time. With your agreement to these Terms and Conditions, Quartr shall provide the Quartr Services. Some of the Quartr Services offered to Customers require payment of fees, interests, and other amounts ("Charged Services"). Quartr reserves the right to change its prices at any time, subject to applicable law. If you, as a Customer, choose to receive these Charged Services, you agree to pay the applicable amount as indicated on the website for the selected Charged Services. You also agree to pay the taxes, levies and/or duties in connection with the selected Charged Services that may be imposed by taxing authorities. The Services provided by Quartr are AS IS, and Quartr assumes no responsibility for any failure in providing the Services to you. By agreeing to these Terms and Conditions, ALL SALES ARE FINAL. As a result, we do not give refunds, exchanges, or replacements for your selected Charged Services once you send your questions to our Members. Pre-paid credits expire 12 months from date of purchase.
13. Termination. We reserve the right without liability to terminate or restrict these Terms, or your access to, or use of, the Quartr Service, with or without notice, for any reason, including but not limited to, if we believe that you have violated these Terms. You agree that we shall not be liable to you or any third party for any interference with or termination of your access to the Quartr Service. Upon termination of your account, you may request a refund or credit for any prepaid amounts. We are not required, and may be prohibited, from disclosing to you the reason for termination of these Terms or your Account. Upon termination of these Terms for any reason, Sections 7, 9(b), 10, 11, 13, and 14 through 28) shall survive any termination. If Quartr terminates a member's account, it disables the account holder's access and ability to use the Account, but its Content may persist on Quartr servers. Termination of your account will result in forfeiture and relinquishment of all non-personally identifiable Content.
14. Responses to Questions.
(a) By submitting a question as a Customer or responding to a Quartr survey as a Member, you grant us and our business partners and affiliates (including, but not limited to, wireless service providers) a perpetual, irrevocable, world-wide, assignable, and transferable right and license to re-post, use, copy, reproduce, modify, create derivative works of, incorporate into other works, distribute, transmit, broadcast and otherwise publicly perform and exploit the contents of your response, as applicable, in any form or media, anywhere, and without any notice or compensation to you of any kind; provided that we will never reveal Member names or contact information in our use of responses.
(b) Medical Questions. Questions and responses to medical questions are not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created. If you think you may have a medical emergency, call your doctor or your emergency number, (911 in the United States) immediately. Content is not a substitute for professional medical advice, examination, diagnosis or treatment. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
(c) Legal Questions. Questions and responses to legal questions are not intended to be legal advice or form an attorney-client relationship. If you believe you have a legal claim, contact an attorney licensed in your state (or country) immediately to discuss your options. Most state bar associations have services to aid you in finding an attorney. Content is provided for informational purposes only, with no assurance that the Content is true, correct, or accurate. No action should be taken, delayed, or deferred based on the Content. Content is not a substitute for professional legal advice or a solicitation to offer legal advice regarding specific facts. Should you ignore this warning and send specific or confidential information in a private message or post it as a comment, there is no duty to keep that information confidential or to discontinue or forego any representation adverse to your interests. You should not delay or forego seeking legal advice or disregard professional legal advice based on Content. Delay in seeking such legal advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation.
15. Tax Liability. You understand that any payments received from Quartr may be taxable income and you agree to comply with state and federal laws governing this possible taxable event. Specifically, if you receive more than $499 from Quartr in one calendar year, then you must complete and return IRS Form W-9 to us (providing your Taxpayer Identification Number). You will then receive any payments owed to you in excess of $499. If you choose not to complete IRS Form W-9, then payments you receive will be capped at a maximum of $499. You are responsible for paying any governmental taxes imposed on your use of the Quartr Service or receipt of any Quartr cash incentives, including, but not limited to, income, sales, use and value-added taxes and you agree to report any such amounts received from your participation in the Service as a Member as required by applicable law.
16. Disclaimer of Warranties. THE WEBSITE AND QUARTR SERVICE ARE PROVIDED "AS-IS" AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, TO THE FULLEST EXTENT PROVIDED BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY REGARDING AVAILABILITY, USEFULNESS, RELIABILITY OR ACCURACY OF THE CONTENT AND SERVICES. QUARTR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE CONSEQUENCES OF THE USE OF ANY QUESTIONS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE WEBSITE OR QUARTR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SUBJECT TO OTHER LIMITATIONS.
17. Limitation of Liability. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF QUARTR CONTENT OR SERVICES; ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICE CONTAINED ON OUR SERVERS; OR LOSS OR DAMAGES ARISING FROM THE USE OF THE CONTENT OR SERVICE PROVIDED BY QUARTR. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE QUARTR SERVICE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM OR CAUSE OF ACTION WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT OF (A) QUARTR CASH INCENTIVES EARNED BY YOU IF YOU ARE A MEMBER, OR (B) THE FEE ACTUALLY PAID BY YOU AS A CUSTOMER, IF ANY, IN EACH CASE DURING THE 90 DAY PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOU ASSERT ANY SUCH CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. Indemnification. You agree to indemnify and hold us harmless from any loss, liability, claim, demand or expense, including but not limited to, reasonable attorney's fees, made by any third party due to, or arising out of, your use of the Quartr Service (including, without limitation, as to Customer for the content of any content they submit), or any breach or violation of these Terms.
19. Governing Law. This Agreement shall be construed in accordance with the laws of the Commonwealth of Virginia and, except as provided in Section 20, we each irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Richmond, Virginia. You consent to the exclusive jurisdiction of the federal or state courts located in the Commonwealth of Virginia for such purposes.
(a) Arbitration. All claims arising out of or relating to these Terms (including their formation, performance and breach) and the Quartr Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(b) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(c) Exception - Litigation of Small Claims Court Claims. Notwithstanding our decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
(d) Thirty Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt-out to the following address: 1280 Leffingwell Ct., Richmond, Virginia 23233. The notice must be sent within thirty (30) days of registering to use the Service; otherwise you shall be bound to arbitrate disputes in accordance with the terms set forth above. If you opt-out of these arbitration provisions, we also will not be bound by them. In addition, if you elect to opt-out of these arbitration provisions, we may terminate your use of the Service.
21. Force Majeure. We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.
22. Notices. Except as explicitly stated otherwise, legal and other notices (including but not limited to notices of legal proceedings) shall be delivered to us by U.S. mail at 12802 Leffingwell Ct., Richmond, Virginia 23233, or to you at the email address you provided us (a) at the time you registered; (b) through a subsequent notice of an address change; or (c) through a posting through the Website or Quartr Service. Physical notices shall be effective when received. Email notices allowed hereunder shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In addition, we may provide notice by certified mail, postage prepaid and return receipt requested. In these cases, notice shall be deemed given when received.
23. Non-Waiver. No delay or failure to take action under these Terms shall constitute any waiver by us of any provision of these Terms.
24. Enforceability. If any provision of these Terms is found invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
25. Assignment. These Terms are personal to you and may not be transferred, assigned or delegated by you to any other person or entity. Any attempt by you to assign, transfer or delegate these Terms shall be null and void. These Terms will bind and inure to the benefit of each party's permitted successors and assigns.
26. Entire Agreement. These Terms (including all terms and conditions incorporated herein by reference) constitute the complete and exclusive agreement between us and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.
27. No Third Party Beneficiaries. These Terms are between you and us. There are no third party beneficiaries.
28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Quartr's Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Quartr's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Quartr, Inc.
2400 Old Brick Road
Glen Allen, Virginia 23060