Terms and Conditions
Last update: November 13, 2018
These Terms and Conditions (“Agreement”) govern the relationship between Quality House Corp (“QHP,” “we,” or “us”) and you with respect to your use of our websites and other online or mobile services or applications (collectively, the “Services”). BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.
We reserve the right to change or modify this Agreement at any time and at our sole discretion. If we make changes to this Agreement, we will update the “Last Update” date at the top of this Agreement. By continuing to use the Services after such notice is provided, you confirm your acceptance of the modified Agreement. If you do not agree to the modified Agreement, you must stop using our Services.
Eligibility; Registration Data
You must be 18 or older to use our Services. You represent and warrant that you have full power and authority to enter into this Agreement and that, in doing so, you will not violate any other agreement to which you are a party. You agree to provide accurate, current and complete User Data. You acknowledge and agree that QHP will collect and store your User Data and that it may be used and shared with law enforcement and others to prevent fraud and help investigate crimes. You agree to, and release QHP from any liability in connection with these activities.
Terms of Purchase
We will determine, in our sole discretion, whether to present an offer to purchase your Device. You acknowledge and agree that we may rely upon any User Data you provide when we make our offer or complete the purchase of a Device. All purchases made by QHP are final, and there are no returns or refunds, except as required by law. Once a transaction has been completed, QHP will have no obligation to return any Device.
Removal of Data and Files
You agree to remove all Data before providing your Device to us. QHP does not guarantee or warrant that data, photos, emails, notes and/or other files on your Device (“Data”) will be removed from your Device. You hereby release and hold QHP harmless from any access or use of any Data by QHP or any third parties that may subsequently acquire the Device. QHP shall not be responsible or have any liability for any losses suffered by you as a result of any Data that is accessible from a Device. Your provision of any device, including any data accessible therein, to QHP is at your sole risk. To the maximum extent permitted by applicable law, QHP hereby disclaims any and all liability to you for any loss or liability relating to your device or any data accessible therein.
You represent, warrant and agree that:
- You are the legal owner of the Device and have the right to transfer all rights, title and interest in such Device to QHP, and that nothing prevents you from selling your Device to us;
- The Device has not been obtained by unlawful means (e.g., it is not stolen or was no obtained by fraudulent means);
- The Device is the entire device and not part(s) of an electronic device;
- The Device is not a fake, counterfeit, imitation, mock‐up, dummy or reproduction of an electronic device;
- In the event that any Device you sell to us is determined to be stolen, is requested by law enforcement pursuant to an investigation and held as evidence, or is returned to the rightful owner upon a determination that the Device is or was stolen, QHP has the right to collect civil restitution from you to recover the value we paid you for the Device and may also seek other remedies;
- If a prior transaction between you and QHP resulted in any monetary loss for QHP due to your breach of this Agreement or your failure to follow our instructions regarding the Device you offered for sale, we reserve the right to offset future transaction amounts in order to cover such losses;
- The Device is free from all liens or encumbrances of any kind;
- Once you sell your Device to us, you are transferring all rights, title and interest in and to the Device and any Data remaining on the Device to QHP; and You will not restrict or inhibit any other potential customer from using the Services.
You are granted a limited, non‐exclusive right to create a text hyperlink to our websites for noncommercial purposes, provided that such link does not portray QHP or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use QHP’s logo or other proprietary graphics to link to our websites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any QHP trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on the Services without our prior written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of QHP or any third party.
Third Party Content
We may provide third party content on the Services as a service to those interested in this information. We do not control, endorse or adopt any third-party Content and make no representations or warranties of any kind regarding such content, including without limitation, regarding its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any third-party content and undertake no responsibility to update or review such content. You access and use such content at your own risk.
You acknowledge and agree that any materials, including but not limited to questions,
comments, suggestions, ideas, plans, notes, drawings, originals or creative materials or other information that you provide to QHP regarding our products or services are nonconfidential and shall become the sole property of QHP. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
User Content and Conduct
The Services may include interactive areas or services (“Interactive Areas”), such as forums, chat rooms. message boards, online hosting or storage services, or other areas or services in which you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials (“User Content”). You are solely responsible for your use of such Interactive Areas and use them at your own risk.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of QHP, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose QHP or our users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct, and you agree that you will not do any of the following in connection with the Services or our users:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable,
overburden or impair the functioning of the Services in any manner;
- Engage in fraudulent or dishonest activities in connection with the Services;
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
- Send, distribute or post spam, chain letters, or pyramid schemes;
- Use any robot, spider, crawler, scraper or other automated means or interface not
provided by us to access the website or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services;
- Harvest or otherwise collect information about users, including email addresses,
without their consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates this Agreement.
QHP takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of this section of the Agreement is solely at our discretion, and failure to enforce these terms in some instances does not constitute a waiver of our right to enforce the terms in other instances. In addition, these terms do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain content that is prohibited by this Agreement. As a provider of interactive services, we are not liable for User Content and have no obligation to screen, edit or monitor such content. We do, however, reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Service at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store at your sole cost and expense. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
If you submit or post User Content to the Services, unless we indicate otherwise, you grant QHP a nonexclusive, royalty‐free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant QHP and our sublicensees the right to use the name that you submit in connection with such content, if they choose.
By submitting or posting User Content to the Services, you represent and warrant that: (a) such User Content is non‐confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate this Agreement or any applicable law, rule or regulation.
The Services are solely directed to individuals residing in the United States. We make no representation that the Services, including all Materials contained therein, are appropriate or available for use in locations outside the United States.
The services and materials are provided “as is” and without warranties of any kind, either express or implied. to the fullest extent permissible pursuant to applicable law, QHP and its affiliates, licensors, suppliers, advertisers, sponsors and agents disclaim all warranties, express or implied, including, without limitation, implied warranties of title, non‐infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, thus the above exclusions may not apply to you. QHP and its affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the services will be uninterrupted, error‐free or secure, that defects will be corrected, or that the services or the server(s) on which they are hosted are free of viruses or other harmful components. You assume all responsibility and risk for your use of the services and your reliance thereon.
Limitation of Liability
Neither QHP nor any of our affiliates, licensors, suppliers, advertisers or sponsors, nor our respective directors, officers, employees, consultants, agents or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, and without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the services or materials. your sole remedy for dissatisfaction with the services or materials is to stop using the services. The sole and exclusive maximum liability of QHP for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall be limited to fifty dollars ($50). some states do not allow the exclusion or limitation of incidental or consequential damages; thus the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold QHP and our affiliates, licensors, suppliers, advertisers and sponsors, and our respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) your activities in connection with the Services; (c) any User Content you post, store or otherwise transmit on or through the Services; (d) any feedback you provide; and (e) your violation of the rights of any third party.
Notice for California Consumers
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or at (916) 445‐1254 or (800) 952‐5210.
Arbitration; Applicable Law and Venue
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH QHP AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
You and QHP agree to arbitrate any dispute arising from this Agreement or your use of the Services, except that you and QHP are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and QHP agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to QHP shall be sent to QHPlegal@QHP.com. You and QHP further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in the County of Los Angeles, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in the County of Los Angeles, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court.
Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND QHP WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
We reserve the right, without notice and in our sole discretion, to terminate your use of the Services and to block or prevent your future access to, and use of, the Services.