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Terms of Use

Qponsr Terms of Use 

Last updated: May 21, 2013

Welcome to Qponsr (referred to as either “Qponsr” or “the Service”), an online application offered by Qponsr, LLC. (alternatively, “us”, “we” or the “Company”) that enables consumers to reduce the hassles associated with trying to save money while grocery shopping through the use of coupons, ads, and other valuable grocery shopping tools. All services are aimed at saving you time and money.

PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND INFORMATION THAT GOVERNS HOW DISPUTES MAY BE RESOLVED, SHOULD THEY OCCUR.

Our privacy policy can be found here: Privacy Policy .
This document contains the Terms of Use (“Agreement or “Terms of Use”) on which you (“you” or the “User”) may access and use Qponsr; please read it carefully before using the Service. Your use of Qponsr requires that you comply with all applicable international, federal, state, and local laws, rules and regulations, including, without limitation, copyright law. Usage of the Service is void where prohibited. Usage of Qponsr is for personal use only, and any commercial or otherwise non-personal uses of the Service, including any data or information contained within it, are expressly prohibited. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. This Agreement is between Qponsr and you and may not be assigned without our express written consent. If you do not agree to be bound by the terms of this Agreement, you may not use nor access the Service. Should you breach any of the terms of this Agreement, your right to use the Service will terminate immediately.

By accessing or using our web site at www.qponsr.com or other properties located in the qponsr.com domain or any of our alternative methods, including but not limited to mobile applications, SMS Text via mobile phone, Email, gadgets or widgets, (collectively “Qponsr Access Methods”) you signify that you have read, understand and agree to be bound by our Terms of Use, whether or not you are a registered member of Qponsr. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS OF USE DO NOT USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICE.

YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE OR ANY OTHER QPONSR ACCESS METHOD

At any time in the future, we reserve the right to modify, add, or delete components of this Agreement, and the right to do so is at our sole discretion and without notice to you. If we decide to make changes to this Agreement, we will post all changes on this page and will provide an update message, located at the top of this page, as to the most recent date that these Terms of Use have changed. Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement. It is your responsibility to regularly check the Service to determine if there have been changes to this Agreement and to review any changes, and we encourage you to review this Agreement each time you visit to see if it has been updated since your last visit. If you find any changes in this Agreement that you find unacceptable, you should discontinue your use of Qponsr.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

Description of Service

With Qponsr, you can keep track of the coupons you have at any given time for more efficient and effective coupon use. In addition, Qponsr will link up coupons you have with items on your list as well as provide you with optimal deals based on weekly specials and your coupons. All of these and other capabilities are available to you through various Qponsr Access Methods. You can add to or delete items from your List via the Web or your mobile phone, among other ways. You can share your coupons with family members or friends so they can view your coupons and savings without having to contact you directly. Our algorithms provide optimal savings based on the current coupons, weekly sales, and any other information deemed informative. This information is kept as accurate as possible based on user feedback/input and Qponsr review. However, there is still the chance that, at times, inaccurate information could be provided to you via various forms (i.e. exaggerated savings, missed optimal deals, etc). If this occurs, we are not responsible for any lost savings or problems arising with the stores. We strive to follow all sales and couponing rules governing each store which will always precede any savings recommended by Qponsr. The stores always hold final authority for the savings being honored whether Qponsr presented them accurately or not.

User Signup, Account Information & Usage of Qponsr

When you sign up as a Qponsr User, we will create a personal account, which will minimally contain your registered email address and a password (your “Account Information”). You may add to your Account Information to access your List via other Qponsr Access Methods (such as smartphone apps, etc.), however such additional information is optional. It is your responsibility to maintain the confidentiality of your Account Information. As part of your use of the Service, you agree that your Account Information will be accurate, current, true and complete, and that you will use the Service lawfully, ethically and responsibly.

Should you lose your password, Qponsr can send a password reset email to your registered email address. At any time you change or provide more information to Qponsr, this updated information will become part of your Account Information. All of your Account Information will be kept private by default, and will change only if you explicitly decide the share this information with other Qponsr Users (i.e. family and friends).

You are solely responsible for any activity related to your use of the Service using your Account Information, whether such usage occurs with or without your knowledge. If you have reason to believe there has been a security breach or unauthorized use of your Account Information or your Qponsr account, it is your responsibility to notify us immediately at (security@qponsr.com). Qponsr cannot and will not be liable for any loss or damage arising from your failure to comply with these terms.

If you provide inaccurate, outdated, false, or incomplete information, or we have reasonable grounds to believe that your Account Information is not in compliance with these terms, we reserve the right to temporarily suspend or permanently terminate your use of the Service. If you knowingly provide your Account Information to another person, your account privileges may be suspended or terminated. Furthermore, the following will lead to the termination of your use of the Service: (a) a self-initiated request by you to remove your account (b) breaches or violations of this Agreement, in whole or in part, (c) valid legal requests by law enforcement or other government agencies, (d) extended periods of inactivity or usage on your part, or (e) unforeseen technical issues or other related problems. Termination of your Qponsr account includes removal of access to all offerings contained in the Service, and may also bar you from further use of Qponsr in the future. Furthermore, you agree that all terminations shall be made in our sole discretion and that we shall not be liable to you nor any third-party for any termination of your account or access to the Service.

You may only have one active account, and you may not sell, trade or otherwise transfer your Qponsr account to another party. By using or accessing Qponsr, you agree to the terms of our Privacy Policy and agree to be bound by all of the terms and conditions of this Agreement. You agree that we may, with or without cause, suspend, refuse or terminate use of Qponsr to anyone at any time, for any reason, with or without prior notice.

Membership Eligibility/Policies for Users Under the Age of 13

By registering and providing your Account Information as a User of Qponsr, you agree that you are 13 years of age or older and have not been previously suspended or terminated as a Qponsr User. If you are under 13 years of age and wish to use the Service, your parent or legal guardian, or an adult as otherwise defined by the laws of the jurisdiction in which you live (your “Eligible User”) must register as the User and all Account Information provided as part of this registration must reflect the identity of the Eligible User. Should you be under the age of 13 and choose to use the Service as part of an account created by an Eligible User, under no circumstances may you provide any personal information of any kind, including an email address. If we become aware that we have collected personal information from a User under the age of 13, we will delete that information as soon as possible. If you believe we may have any collected any information from a User under the age of 13, please contact us at privacy@qponsr.com. Any use of or access to the Service by anyone under the age of 13 that is not in accordance with terms above is unauthorized, prohibited and in violation of this Agreement.

Qponsr Mobile Services

Qponsr includes capabilities that enable use of your coupon list via your mobile phone or device ("Qponsr Mobile" services), including (a) the ability to access, retrieve, update or otherwise use your List via a mobile web browser or device-specific mobile applications. The capabilities provided by Qponsr Mobile may not work with all mobile phones, devices or carriers, and in some cases, your mobile carrier may restrict or prohibit your use of Qponsr Mobile. Therefore, it is your responsibility to confirm that Qponsr Mobile is available for your mobile device, including understanding what restrictions, if any, may apply to your use of Qponsr Mobile. While Qponsr does not charge you for use of Qponsr Mobile, your mobile carrier may charge you email, SMS Text Messaging, web data access or other rates and fees. It is your sole responsibility to understand your carrier’s terms, rates and conditions of your mobile billing plan as it relates to your use of Qponsr Mobile, and you are solely responsible for any and all costs associated with using Qponsr Mobile.
Our privacy policy can be found here: Privacy Policy.

User Conduct

You understand and agree not to use Qponsr to:

  1. Post content ("Content", inclusive but not limited to lists, coupons, ratings, opinions, comments, reviews, photographs and store information) or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable.
  2. Use the Service for any illegal purpose, including but not limited to conspiring to violate laws.
  3. Falsely state, impersonate, or otherwise purposely misrepresent your identity
  4. Upload (inclusive of “post, email, transmit or otherwise make available”) any Content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  5. Upload any Content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
  6. Upload any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of personal or business solicitation. This prohibition includes but is not limited to a) using Qponsr to send invitation messages to or sharing your List(s) with people who don’t know you or who are unlikely to recognize you as a known contact and (b) sending invitations to or sharing your List(s) with distribution lists, newsgroup aliases, or group aliases.
  7. Upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  8. Sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
  9. Stalk or harass anyone.
  10. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Qponsr.
  11. Post Content in fields that aren’t intended for that Content, such as placing recipe ingredients in fields designated to store the method or instructions associated with preparing that recipe.
  12. Interfere with or disrupt the Qponsr Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to Qponsr.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

User Content

In the course of using Qponsr, you may provide information which may be visible to certain other Users (see our Privacy Policy to learn more about information collected, and how it is used, as part of your use of the Service). For example you may provide Content to the Service. Should you choose to make this Content publicly available to others (“Public Content”), it may be accessible by both other Users and non-registered visitors of the Service. Specifically, “Public Content” may be available to general users of the web via results in various Internet search engines.

However, you may designate any Content you provide to the Service to be treated as private content (“Private Content”), which will be available only to you or other specific Users you have explicitly allowed to access to your Private Content. This Public and Private User Content (collectively “User Content”) is the sole responsibility of the person or persons from which it originated, and we take no responsibility for its accuracy, completeness or sufficiency of use. You understand that we cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service. Additionally, we cannot guarantee the authenticity of any User Content or data that Users may provide about themselves.

You are prohibited from providing, uploading, posting or sharing any User Content that was not created or originated by you, or that you do not have the rights or permission to provide to the Service. When you provide User Content to Qponsr, you agree to authorize and allow us, in our sole discretion, to make and store any copies we deem necessary to effectively integrate it with the Service such that it may be used by you and other Users of the Service.

By posting any User Content to Qponsr, or otherwise providing information to us, you agree to grant us a fully-paid, assignable, transferrable, non-exclusive, perpetual, irrevocable worldwide license to use your Content, including the right to sublicense. You also authorize and warrant that you have the ability to grant Qponsr such license. Such rights include, but are not limited to, the ability to modify, reformat, create derivative works, display in public or private, translate, excerpt (in whole or part) and further distribute such Content for any purpose, whether commercial or non-commercial, for promotion, advertising, demonstration or other purposes determined solely by us.

At no time do we assert any ownership of your Content; our use of your Content is defined solely, and limited by, the aforementioned license granted by you. Ownership of any Content that you provide to us remains with you, including any intellectual property rights or other rights associated with your Content.

You have the right, and may, remove your Content from Qponsr at any time. Should you choose to remove your Content from the Service, the aforementioned license granted above will terminate, provided however, that you understand and agree to allow Qponsr retain archived copies of your Content. However, should you remove Content you have designated as publicly available (Public Content), this may continue to be displayed in public Internet search results for some time, even after its removal by you, due to the various indexing policies of different search engines.

We do not screen or review User Content as it is uploaded to the Service and you and only you are responsible for your evaluation and decision to utilize or depend on any User Content that may be available to you as part of the Service. However, you understand and agree that we, in our sole judgment, have the right, but not the obligation, to monitor and review User Content from time to time, and furthermore to provide any information as necessary or appropriate to satisfy any legal inquiry (e.g. lawful subpoena), laws, regulations or other valid governmental requests. Furthermore, we, in our sole judgment, may with or without notice, delete, disable or remove any User Content that we believe that may, in whole or in part, violate the terms of this Agreement, or that otherwise might be inappropriate, illegal, offensive, or that may harm, threaten the safety of, or violate the rights of other Users or third parties; and that such User Content may be removed with or without notice at any time. As User Content may be removed from the Service at any time, you are solely responsible for creating and maintaining backup copies of any User Content. Under no circumstances will we, our officers, directors, shareholders or employees be liable for any damage, losses or other impact caused to you as a result of your use, or our removal, of any User Content provided as part of the Service.

Use of Site and Storage of Material

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of or any failure to store your files, data or Registration Data.

Copyright Complaints

  1. 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, in addition to our other remedies, terminate, discontinue, suspend and/or restrict the account/profile or ability to access, visit, and/or use the Service of users who infringe the copyright rights of others, and we may choose to remove, delete, erase, or disable access to Content deemed to be infringing. It is our policy to terminate the access of repeat infringers.
  2. You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
  3. If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
    • i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
    • iii. Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
    • iv. Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    • v. A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  4. IMPORTANT:MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
  5. Copyright Agent:
  6. John R Stehle
    380-H Knollwood St, Suite 219 
    Winston-Salem, NC  27103
    Phone: (336) 202-1244
    E-mail: infringement[at]qponsr[dot]com
    
  7. Note: Only copyright complaints should be sent to agent. No other communications will be accepted or responded to
  8. For communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section), or if no such means are specified, contact our Privacy Policy Coordinator as described in our Privacy Policy.
  9. PLEASE NOTE: THE INFORMATION WE PRESENT HERE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE.

Third Party Content

Qponsr contains links to external locations (examples include coupon web sites, merchant or store web sites) that may include Content not owned by the Company (“Third Party Content”). We cannot and do not review, monitor or control any Third Party Content, therefore, we do not endorse or warrant, and do not make any guarantees as to the accuracy, completeness or sufficiency of its use. Furthermore, we do not have responsibility to review, monitor, control or update any Third Party Content. Usage of Third Party Content is at your own risk.

Access to Service

You agree to only use the Service individually through your own personal actions, and agree not to use any automated software, programs or other methods to access the Service. Specifically, any use of manual or automated software, devices, or other processes to “crawl,” “spider,” or “scrape” any web pages contained in the Qponsr service is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the Content included herein. You also agree not to “frame” or otherwise simulate the appearance or functions of Qponsr. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, bulk accessing of Content, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Qponsr Communications Services

In the course of providing you services, we may need to communicate with you via email, SMS Text Messaging or other communication forms (see our Privacy Policy to learn more about communications). You agree to receive emails and/or SMS Text messages which are specific to your account and necessary for the normal functioning of the Service, including a series welcome and reminder emails which help inform you about various features and capabilities of Qponsr. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Service. You may set personal preferences on how Qponsr communicates with you, as detailed in our  Privacy Policy.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.

Monitoring and Enforcement

While we are not obligated to do so, we have the right to monitor activity and User Content or Third Party Content associated with the Service. And since we do not, and may not have the ability to, control or actively monitor this Content we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals may sometimes choose not to comply with our policies and practices, in the process of using our Service, you may be exposed to content that you find offensive or objectionable. You can contact us at security@Qponsr.com to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or suspending or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors, inaccuracies or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any Content on the Service.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless Qponsr, Inc., its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from (i) your use of the Qponsr Service; (ii) unauthorized access to or alteration of your communications with or through the Qponsr Service, or (iii) any other matter relating to the Qponsr Service.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Qponsr may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or protect the rights, property, or safety of the Company, its Users, and the public. See our Privacy Policy for details on when we may disclose such information.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE QPONSR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT QPONSR, INC. DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. QPONSR, INC. ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. QPONSR, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (i) THE QPONSR SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE QPONSR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE QPONSR SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE QPONSR SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE QPONSR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QPONSR, INC. OR THROUGH OR FROM THE QPONSR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT QPONSR, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QPONSR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE DAMAGES EXCEED U.S. $100.

Governing Law

The User Agreement between you and Qponsr, Inc. Corporation will be governed by and construed in accordance with the laws of the State of North Carolina without regard to conflict of laws principles. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Forsyth County and the United States District Court for the Middle District of North Carolina with respect to such matters.

General Information

Qponsr, the Qponsr logo, and other Qponsr logos and names are trademarks of Qponsr, Inc. You agree not to display or use these trademarks in any manner without our prior, written permission. The section titles of this Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the Agreement to security@Qponsr.com.

Entire Agreement

This Agreement constitutes the entire agreement between you and the Company and governs your use of the Qponsr Service, superseding any prior agreements between you and Qponsr, Inc.