Qwik: Terms & Conditions of Service for Buyer or Seller Users
Effective Date: These Qwik Terms and Conditions of Service for Buyer or Seller Users was last updated on February 23rd, 2024.
1. Introduction; Binding Agreement. The Terms and Conditions of Use for Buyer or Seller Users (the “Agreement”) set forth below constitute the Agreement between you, the prospective business client or user who visits our website and/or downloads our App (“you”, “your”), and Qwik, LLC (“Qwik”, “us”, “we”, “our”), with respect to your use of our website located at www.buysellqwik.com (the “Site”) or our Qwik App (the “App”) and your subscription the service we offer (“Service”). The Service enables Sellers to list or post real estate properties in hopes to connect with a Buyer that will purchase the property. When you use the Site, or download the App, whether to visit and browse, or subscribe to the Service, you accept and agree to be bound by this Agreement and our Privacy Statement. If you do not agree to this Agreement or our Privacy Statement, you should immediately cease using the Site and App.
2. Modification of this Agreement. We reserve the right at any time, to modify, alter, or update this Agreement, i.e., the terms and conditions set forth below, without prior notice. Modifications shall become effective immediately when we post them on the Site and in the App. We will try to update the Effective Date, above, each time we modify any of the Terms and Conditions of Use of the Service. Accordingly, you should check the date at the top of this Agreement, which indicates the date of last revision of this Agreement, and review the Agreement if the date has changed since the last time you visited Qwik, as this version applies to you. Your continued use of the App, Site or Service after any update or modifications are posted constitutes your acceptance of the Agreement as modified and you agree to be bound by such modifications, alterations or updates.
3. Age of Users; Authorization. This Service, Site and App are intended only for people who are at least 18 years old. By using the Service, you represent that you are at least 18 years old. When you subscribe to the Service on behalf of a business, you represent that you are legally authorized to bind the business enterprise contractually. Once you create a profile on the Qwik Platform you may be referred to herein as a Subscriber or User.
4. How the Service Works; Subscription and Accounts.
A. We reserve the right to withdraw or amend the Website or Qwik, and any of the Services provided on the Website or Qwik. Further, we reserve the right to revise, update, modify, and close down the Qwik application, and any of the Services provided therein. We will not be liable if for any reason all or any part of the Website or Qwik or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Qwik, restrict access to some part of the Services, or the entire Website or Qwik, to users, including registered users.
B. You are solely responsible for:
(i) Making all arrangements necessary for you to have access to the Website or Qwik, and
(ii) Ensuring that all persons who access the Website or Qwik or Services through your Internet connection are aware of these Terms of Use and comply with them. A list of minimum system requirements, including operating system and physical hardware requirements, may be found on the Website or Qwik.
C. To access the Website or Qwik or Services, you must create a Qwik account. A Qwik account can be created with an email and password or signing in with Google or Apple. It is a condition of your use of the Website or Qwik that all the information you provide on the Website or Qwik is correct, current, and complete. You agree that all information you provide to register with this Website or Qwik or otherwise, including but not limited to using any interactive features on the Website or Qwik, is governed by our Privacy Policy at www.buysellqwik.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
D. When you sign in through your Google or Apple credentials, or any other piece of information as part of our security procedures, you must (and hereby agree to) treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Qwik account is personal to you and agree not to provide any other person with access to this Website, Qwik, or portions of either using your username, password, or other security information, including your Google or Apple credentials. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use caution when accessing your account from a public or shared computer, mobile device (including, without limitation, any mobile phones or tablets) so that others are not able to view or record your password or other personal information.
E. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
5. Payment and Fees. There is currently a monthly subscription fee for a Seller, and you get unlimited access to our expanding list of Buyers. Qwik will not hold any bank information, all of which will be maintained by Qwik’s third-party payment processor, which is PCI-compliant, www.stripe.com. In such a manner, sensitive payment information about you and/or your business will be maintained securely in conformity with applicable financial and data security requirements. Any payments to Qwik will strictly be based on which type of subscription has been created. This payment fee varies and the most recent updated price is listed online on our website www.buysellqwik.com.
6. Ownership and Copyright. All content included on the Site and in the App, including text, graphics, logos, buttons, software, code, data, icons, photographs, videos, images, articles and advertising and the overall look and feel of the Site and this particular compilation of content constituting the Site (collectively, “Content”), is the property of Qwik, Qwik’s licensors, and its content suppliers, and is protected by U.S. and international copyright laws and international treaties. Ownership of the Content includes ownership of the corresponding intellectual property rights, which includes all copyrights, moral rights, trademarks and service marks, patent rights, any trade secrets, database rights and rights of publicity (“IPR”). Your use of the Site, App and/or Service does not give you ownership of any Content or IPR that you may access, except for limited rights granted in this Agreement to enable you to browse the Site/App and use the Service. Any rights not granted to you are expressly reserved to Qwik.
7. Trademark. Qwik and our logos and all trademarks, service marks, and trade names appearing in the App or on the Site are the property of Qwik or of the respective owners that have granted Qwik the right to use such marks. No such marks or trade names can be used by you without express written consent.
8. Confidentiality. In the course of your use of the Service, you may come into contact with Content and/or nonpublic information about our Users, including images of such properties, some of which is protected by publicity rights. You agree that all such nonpublic information shall be maintained by you with the strictest confidentiality, for the term of this Agreement plus ten (10) years, unless otherwise agreed.
9. Registration and Account Security. Users and their authorized representatives who enter into agreements with Qwik must provide their real names and information when you are prompted to sign in and/or create an account. Here are some commitments you make to us related to registering and maintaining the security of your account and the Service: (a) You will not provide any false information to Qwik, or create an account for anyone other than yourself or your business without permission. (b) You will keep your contact information accurate and up-to-date. (c) You will not share your User ID or Password, let anyone else access your account (except authorized Users in your business enterprise), or do anything else that might jeopardize the security of your account. (d) Registration and use will be limited to countries of Qwik’s choice.
10. Safety and Security; Prohibited Acts. We do our commercially reasonable best to keep the Site, App and Service safe and secure, but no absolute safety or security can be guaranteed. The Site and App will run off servers maintained in a state-of-the-art third party data center, which adheres to stringent security protocols. We need your help to keep the Site/App safe, including the following commitments: (a) You will not send or otherwise post unauthorized commercial communications (such as spam). (b) You will not collect information or otherwise access the App, Site or Service, using automated means (such as harvesting bots, robots, spiders or scrapers, screen scraping or database scraping) without our permission. (c) You will not upload or share viruses or other malicious code. (d) You will not solicit login information or access an account belonging to someone else, or attempt to obtain unauthorized access to computer systems, materials or information through any means. (e) You will not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the App, the Service or the Service's features and services, or any Content thereof, or make any unauthorized use thereof. (f) You will not bully, intimidate or harass any Buyers or Sellers or anyone else using the App, Site or Service, or engage in any activity that could be considered defamatory or discriminatory. (g) You will not use the Service or its features in any manner that violates the rights of any Buyer or Seller, third party or applicable law, or facilitate or encourage any violations of this Agreement or of applicable law. (h) You will not try to circumvent the Service by approaching any of the Buyers listed on the Site or in the App outside of the Service in connection with any advertising, promotion or public relations activities on your own behalf or on behalf of any business with which you are associated or employed. In the event that you violate this prohibition, you will immediately have your subscription to the Service terminated, without possibility of refund, as well as owing Qwik as liquidated damages and not a penalty an amount equal to the sum of twice the annual Subscription Fee, plus the amount of any compensation you made outside the Service for activities that could have been undertaken via the Service.
11. Third-Party and/or Linked Websites. We may include links to other websites as a convenience for you. We are not responsible for any linked websites, and when you or anyone authorized by you to use the Service leaves the App or Site to link to another website, you and such other person are subject to the Terms of Use/Service and Privacy Statement on that website (if any), and not this Agreement. We disclaim any liability for your visit to or use of any linked third- party websites.
12. Actions We May Take. (a) We may make any inquiries that we consider necessary, either directly or through third parties, concerning your account. (b) We may cancel any transaction/listing if we believe the transaction/listing violates this Agreement, any applicable local, state or federal law, or if we believe doing so may prevent financial loss. (c) We may contact law enforcement, or impacted affected third parties (including other users) and share details of any payments associated with you we believe doing so may prevent financial loss or a violation of law. (d) If your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees and costs. Interest will accrue on any past due amounts at a rate equal to the lesser of 1% per month or the lawful maximum.
13. Disputes; Governing Law; Indemnity
a. In the event of a dispute, you may request that we get involved to try to resolve it. While we are not required to get involved, we generally try to make sure that you achieve satisfaction using the Service, and that the Buyers are providing valuable services/Activities also.
b. In the event of a dispute with us, we will try very hard to resolve it through communication with you.
c. If we are unable to resolve the dispute in this manner, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by final and binding arbitration in Orange County, California, before a single arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of Nevada. Judgment on the award may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator shall, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees (and accountant’s fees) of the prevailing party, for payment by the non-prevailing party, and shall determine the prevailing party for this purpose.
d. The laws of the State of California will govern this Agreement, as well as any claim that might arise between you and us, without regard to its conflict of law provisions.
e. If anyone brings a claim against us related to your action, omission, or content in connection with the Service, any Activity or Contract, you will indemnify and hold us harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) related to such claim.
14. Warranty. WE TRY TO KEEP THE SITE, THE APP AND THE SERVICE ACCESSIBLE, UP TO DATE, BUG-FREE AND SECURE, BUT USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE APP, SITE AND SERVICE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL BE SAFE OR SECURE, OR THAT YOU WILL BE SATISFIED WITH THE SERVICE OR ACHIEVE ALL INTENDED GOALS, FINANCIAL OR OTHERWISE. WE DISCLAIM ANY LIABILITY UNDER ANY CONTRACT, WHICH IS A MATTER STRICTLY BETWEEN YOU AND/OR YOUR BUSINESS, AND THE BUYER. WE DISCLAIM ANY LIABILITY WHEN ACTING AS AN QWIK AGENT UNDER ANY CONTRACT, IN THE ABSENCE OF FRAUD OR WILLFUL MISCONDUCT. QWIK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA SUBMITTED BY YOU OR OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST SUCH THIRD PARTIES (AND INDEMNIFY US AGAINST ANY CLAIMS THEY MAY HAVE AGAINST YOU). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR Qwik, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (II) OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASE, Qwik’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
15. Personal Information. During your use of the Service, you will be prompted to provide certain personal information (“Personal Information”) and data about your business (“Customer Data”) to us. Our information collection and use policies with respect to the privacy of such Personal Information are set forth in our Privacy Statement www.buysellqwik.com/privacy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information and Customer Data and represent and warrant that you will not provide any information that is inaccurate or misleading.
16. General. If any provision of these Terms and Conditions of Service/this Agreement is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of this Agreement shall remain in full force and effect, and the parties agree to use their best efforts to give effect to the parties' intentions as reflected in the provision, in any substituted provision. Except as expressly stated in this Agreement, no rights, remedies or benefits are conferred upon any person other than you and us. This Agreement sets out the entire agreement between you and us and supersedes any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. We may assign this Agreement on written notice to you provided that the assignee agrees to be bound by this Agreement. You may not assign this Agreement without our written permission but we will not unreasonably withhold such permission. This Agreement shall be deemed entirely performed in the United States of America. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
17. Notices and Contact Information. Any legal notice must be sent to legal at legal@buysellqwik.com. For other matters you can contact us at support@buysellqwik.com.
MOBILE MESSAGING TERMS AND CONDITIONS
Last updated: March 11, 2024
Qwik LLC (“Qwik”, “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (these “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy https://www.buysellqwik.com/privacy and our Terms & Conditions of Service for Buyer or Seller Users https://www.buysellqwik.com/terms. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy and our Terms & Conditions of Service for Buyer or Seller Users.
opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to the mobile number the message is sent from. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. If you want to join the Program again, just sign up as you did the first time, and we will start sending messages to you again. For support, reply HELP to any mobile message from us.
Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.