QWIQQ TERMS OF USE

Last Updated: February 15, 2013

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY QWIQQ, INC., A DELAWARE CORPORATION ("QWIQQ"). THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://QWIQQ.ME (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY QWIQQ (COLLECTIVELY WITH THE SITE, THE "SERVICE").

Acceptance of Terms.

By registering for or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use"), which also incorporate Qwiqq's Privacy Policy and all other operating rules, policies and procedures that may be published from time to time on the Site by Qwiqq, each of which is incorporated by reference and each of which may be updated by Qwiqq from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, some services offered through the Service may be subject to additional terms and conditions specified by Qwiqq from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Service, venues that access the Service, and users that have a page on the Service. “You” or “Your” means the person, company or other legal entity that is accepting these Terms of Use, and affiliates of that company or entity.

Venue.

The Service allows users who comply with Qwiqq’s policies to offer, sell and buy certain items within a fixed-price format. Qwiqq is not directly involved in transactions between buyers and sellers. As a result, Qwiqq has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Qwiqq does not pre-screen users or the content or information presented by users on the Site. Qwiqq cannot ensure that a buyer or seller will actually complete a transaction.

Fees.

Joining and setting up an account on Qwiqq is free. Qwiqq charges a transaction fee calculated as a percentage of the sale price when an item sells. You are responsible for paying all fees and applicable taxes associated with using the Service. Qwiqq’s Fees Policy is incorporated into these Terms of Use by reference. Changes to the Fees Policy are effective after Qwiqq provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, Qwiqq may choose to temporarily reduce the fees in the Fees Policy for promotional events (for example, free listing days); such changes are effective when Qwiqq posts the details of the temporary promotional event on the Site. Unless otherwise stated, all fees are quoted in US Dollars (USD).

Listing and Selling.

By listing an item on the Site you warrant that you and all aspects of the item comply with Qwiqq's published policies. You also warrant that you may legally sell the item and that the item is at the location listed. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.

All sales are binding. The buyer is obligated to deliver appropriate payment for items purchased. The seller is responsible for making purchased items available in the seller’s store for pick up by the buyer. Sellers may or may not provide shipping of an order. Therefore, it is the buyer’s responsibility to contact the seller to determine if the seller ships and to make arrangements for shipping of an order. If the seller agrees to ship, then the seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless: (a) the buyer fails to meet the terms of the seller's listing (such as payment) or (b) the seller cannot authenticate the buyer's identity.

The price stated in each item listing must be an accurate representation of the sale price. Sellers may not charge additional fees or excessive shipping fees. Sellers may charge only reasonable shipping and handling fees to cover the costs for packaging and mailing the items. You may not alter the item's price on the Service after a sale for the purpose of avoiding Qwiqq transaction fees.

Meetings.

You may arrange and attend online virtual meetings as part of the Service ("Meetings") with one or more individuals. Qwiqq does not supervise or control the Meetings, your online or offline gatherings, or the interactions between you and other users or companies. You are solely responsible for your interactions with others. Additional eligibility requirements for a particular Meeting may be set by the organizer. The Service does not in any way screen its users. You should exercise caution and good judgment in all interactions with other users of the Service, particularly if meeting offline or in-person.

User Disputes and Release.

PayPal is the payment processor for the Service. If you have an issue regarding your transaction, please contact the PayPal Resolution Center The PayPal Resolution Center is designed to enable you to resolve transaction issues promptly and easily before they become larger problems.

In the event that you are unable to resolve your transaction dispute through the PayPal Resolution Center, please send a detailed message to: hello@qwiqq.me. Qwiqq, for the benefit of users, may try to help users resolve disputes. Qwiqq does so in Qwiqq's sole discretion, and Qwiqq has no obligation to resolve disputes between users or between users and outside parties. To the extent that Qwiqq attempts to resolve a dispute, Qwiqq will do so in good faith based solely on Qwiqq's policies. Qwiqq will not make judgments regarding legal issues or claims.

Access.

Subject to these Terms of Use, Qwiqq may offer to provide the Services, as described more fully on the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Qwiqq performs for you, any applications or widgets offered by Qwiqq that you download from the Site or, subject to the terms set out under the "Third party Sites and Services" section below, from third party application stores authorized by Qwiqq (e.g., iTunes® store, Blackberry App World™, or Google Apps Marketplace), as well as the offering of any materials displayed or performed on or through the Services, including Content (as defined below). You shall not: (i) make the Services available to anyone other than yourself, (ii) sell, resell, rent or lease the Services, (iii) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (iv) interfere with or disrupt the integrity or performance of the Services or third-party data contained therein, (v) attempt to gain unauthorized access to the Services, related systems or networks, or (vi) sell, share, distribute, publish, advertise or reference other user’s data.

Registration and Eligibility.

You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with Qwiqq and represent, warrant and covenant that you provide Qwiqq with accurate, truthful, and complete registration information (including, but not limited to your name, user name ("User Name"), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your Qwiqq account.

You shall not:

Qwiqq reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Qwiqq password. You shall never use another user's account without such other user's prior express permission. You will immediately notify Qwiqq in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Service. The Service is not available to individuals who are younger than 13 years old. Qwiqq may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you. If the right to access the Service is revoked or prohibited by law, you agree not to use or access the Site or Services in any way.

Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. Qwiqq cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, location information, "Likes", videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Qwiqq on or through the Service. Content added, created, uploaded, submitted, distributed, or posted to the Service by users is collectively referred to as, "User Submissions."

Your User Submissions may not include obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, any User Submissions provided by other users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Qwiqq assumes no responsibility or liability for this material. To the extent permitted under applicable laws, you hereby release Qwiqq from any and all claims or liability related to any conduct or speech, whether online or offline, of any other user.

You expressly agree that Qwiqq or users exclusively own all right, title and interest in and to all Content. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. The privileges of any user may be terminated upon receipt of prompt notification to Qwiqq by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted as a User Submission in a way that constitutes copyright infringement, please provide the Qwiqq copyright agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. The Copyright Agent for notice of claims of copyright infringement can be reached as follows: Qwiqq Copyright Agent, 1202 Seagler Road, Suite 65, Houston, TX 77042, hello@qwiqq.me.

Qwiqq Content.

The Service contains Content specifically provided by Qwiqq or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.

Subject to these Terms of Use, Qwiqq grants each user of the Site or Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from Qwiqq, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right.

Qwiqq is not responsible for any incorrect or inaccurate functionality or Content posted on the Site or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with the Services. User Submissions created and posted by users may contain links to other Web sites. Qwiqq is not responsible for the content, accuracy or opinions expressed on such Web sites, and such Web sites are in no way investigated, monitored or checked for accuracy or completeness by Qwiqq. Inclusion of any linked Web site on the Services does not imply approval or endorsement of the linked Web site by Qwiqq. When you access these third-party Web sites, you do so at your own risk. Qwiqq is not responsible for the conduct, whether online or offline, of any user of the Services.

User Submissions.

By submitting User Submissions on the Site or otherwise through the Service, you hereby do and shall grant Qwiqq a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and Qwiqq's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions. For clarity, the foregoing license grant to Qwiqq does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with Qwiqq.

You represent and warrant that you have all rights to grant such license to Qwiqq without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that Qwiqq will not be liable for any errors or omissions in any Content; and that Qwiqq cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.

Qwiqq shall have no obligation to maintain or provide any of your User Submissions and may, unless legally prohibited, delete all of User Submissions in Qwiqq systems or otherwise in Qwiqq’s possession or under Qwiqq’s control. When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.

Rules and Conduct.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Service.

By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:

Qwiqq has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.

You shall not: (i) take any action that imposes or may impose (as determined by Qwiqq in its sole discretion) an unreasonable or disproportionately large load on Qwiqq's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Qwiqq may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or "spam" on the Service; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of Qwiqq's guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Qwiqq does not guarantee that any Content or User Submissions (as defined above) will be made available on the Site or through the Service. Qwiqq has no obligation to monitor the Site, Service, Content, or User Submissions. However, Qwiqq reserves the right to (i) remove, suspend, edit or modify any Content in its sole discretion, including without limitation any User Submissions at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Qwiqq is concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove, suspend or block any User Submissions from the Service. Qwiqq also reserves the right to access, read, preserve, and disclose any information as Qwiqq reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Qwiqq, its users and the public.

Third Party Sites and Services.

The Service may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under Qwiqq's control, and you acknowledge that Qwiqq is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Qwiqq or any association with its operators. You further acknowledge and agree that Qwiqq shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

Qwiqq is not responsible for any problems or technical malfunction of any electronic network or lines, servers, software, or failure of transmission due to technical problems or traffic congestion on the Internet or on any of the Services, including any injury or damage to any person's computer resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Qwiqq be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, from any content posted on or through the Services, or from the conduct of any users of the Services, whether online or offline.

Termination.

These Terms of Use shall remain in full force and effect while you use the Services or are a registered user. Qwiqq may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer.

Save to the extent required by law, Qwiqq has no special relationship with or fiduciary duty to you. You acknowledge that Qwiqq has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

THE SITE, SERVICE, CONTENT, AND ITEMS SOLD VIA THE SERVICE ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

QWIQQ, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, AND CONTENT IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.

You shall defend, indemnify, and hold harmless Qwiqq, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content, or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Qwiqq). Qwiqq reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Qwiqq in asserting any available defenses.

Should you have a dispute with another user, or an outside party, related to the Services or the Site you indemnify, release, and hold Qwiqq (and Qwiqq's officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any and all claims, demands and damages (actual and consequential) of every kind and nature, arising out of or in any way connected with such disputes. Qwiqq encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

Limitation of Liability.

ALL LIABILITY OF QWIQQ, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF QWIQQ, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL QWIQQ, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT QWIQQ, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, OR USER SUBMISSIONS FOR:

NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE.

Dispute Resolution & Governing Law.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Qwiqq agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled by arbitration in Harris County, Texas, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under these Terms of Use shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Texas. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section.

Integration and Severability.

These Terms of Use are the entire agreement between you and Qwiqq with respect to the Service and use of the Site, Service, Content, or User Submissions, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Qwiqq with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Modification of Terms of Use.

Qwiqq reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Service or via email. Qwiqq may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

Miscellaneous.

Qwiqq shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Qwiqq's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with Qwiqq's prior written consent. Qwiqq may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.

Contact.

If you have any questions or concerns regarding these Terms of Use, please send a detailed message to: hello@qwiqq.me. You may contact Qwiqq at the following address: 1202 Seagler Road, Suite 65, Houston, TX 77042. We will make every effort to resolve your concerns.