These TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.
QuickSeries reserves the right, at any time and without prior notice, to modify or replace any of these TOU. Any changes to these TOU can be found at this URL . It is your responsibility to check these TOU periodically for changes. Your use of the Application or eGuides following the posting of any changes to these TOU constitutes acceptance of those changes. If there are any significant changes to these TOU that, in our sole opinion, materially affect your relationship with us, you will be notified upon opening the Application.
If you have any questions about these TOU, please contact:
QuickSeries Legal Services
QuickSeries Legal Services
5100 NW 33rd Avenue, Suite 247
Ft. Lauderdale, FL, 33309
2. General Code of Conduct for Use of the Services
By using the Services and eGuides, you agree to:
3. Use of the Application
5. Accessing and Downloading the iOS Application from the Apple iTunes Store and the Android Application from the Google Play Store, and Related Acknowledgements
6. Proprietary Rights
In this section and elsewhere in these TOU, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
You acknowledge that: (a) the Application and eGuides, contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) QuickSeries, Clients and/or third parties own all right, title and interest in and to the Application and eGuides and content that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto.
The Application and eGuides are being licensed to you and you hereby acknowledge that no title or ownership in the Application and eGuides is being transferred or assigned and these TOU should not be construed as a sale of any rights in the Application or eGuides. All rights not specifically granted under these TOU are reserved to QuickSeries, its Clients, and its licensors.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Application, or content that may be presented or accessed through the Application (including eGuides) for any purpose, unless otherwise permitted by these TOU or the functionality of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Application; or (iii) remove, obscure, or alter QuickSeries’, Clients’ or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application or Services.
The content, arrangement and layout of the Application and eGuides, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and computer code (the “QuickSeries Content”) are proprietary to QuickSeries, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of QuickSeries, or as permitted by the functionality of the Application or Services or these TOU. Any unauthorized use of the QuickSeries Content found in the Application or eGuides or any derivative works thereof may violate civil and/or criminal laws, including but not limited to intellectual property laws, and QuickSeries may take action accordingly.
If you choose to communicate to QuickSeries suggestions for improvements to the Services (collectively, “Feedback”), QuickSeries shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to QuickSeries and waive in favor of QuickSeries, its successors and assigns all your moral rights in the Feedback, and agree to provide QuickSeries such assistance as QuickSeries may require to document, perfect, and maintain QuickSeries’ rights to the Feedback. You acknowledge and agree that, by providing any Feedback to QuickSeries, you are not entitled to any compensation or reimbursement of any kind from QuickSeries under any circumstances.
Apple, iOS, iTunes and iMessage are registered trademarks of Apple Inc. Android is a registered trademark of Google Inc.
7. Interruption of Service; Updates
From time to time, the Services may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, QuickSeries, its Representatives and Clients shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
QuickSeries may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that QuickSeries has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings, when your Device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
8. Termination of the Services and these TOU
QuickSeries may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that QuickSeries, its Representatives and Clients shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from QuickSeries’ termination of the Services, or any part thereof.
Termination of the Services or your access to the Services or Application shall terminate the present TOU as between you and QuickSeries, including without limitation, all rights granted to you under this Agreement. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.
9. External Links
In no way will QuickSeries its Representatives and Clients be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Application or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
10. Disclaimer of Warranties
You expressly understand and agree that your use of the Services, the information thereon (whether provided by QuickSeries, Clients or third parties) or any activity arising from your provision of Account Information, use of the Services or the information thereon or the materials downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom or made available thereon, including all eGuides, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (financial or otherwise) resulting from (i) your use of the Services or eGuides, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Services or eGuides, the information thereon or any materials downloaded therefrom.
The information or resources provided through the Services and within the eGuides, written or produced by QuickSeries staff, freelance writers, Clients or other subcontractors are known to be as accurate as possible at the time of writing or production, and efforts have been made to ensure that the information from the Services and within the eGuides is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and QuickSeries, its Representatives and Clients shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, through the Services or eGuides.
QuickSeries, its Representatives and Clients expressly disclaim all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Application or Services, the information thereon or any materials downloaded therefrom, and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. QuickSeries, and its directors, officers, employees, agents, suppliers, partners and subcontractors do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; or (iv) the results of using the Services or any content downloaded therefrom will meet your requirements.
12. Limitation of Liability
QUICKSERIES, ITS REPRESENTATIVES AND CLIENTS SHALL NOT BE LIABLE AND ASSUME NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR IN RELATING TO THE INFORMATION ON THE APPLICATION OR SERVICES OR DOWNLOADED THEREFROM, THE USE OF THE APPLICATION OR SERVICES, ACTIVITIES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICES, OR ANY THIRD PARTY MATERIALS AVAILABLE THROUGH THE APPLICATION OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL QUICKSERIES, ITS REPRESENTATIVES AND CLIENTS: (I) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXTRAORDINARY, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA, LOSS OF USE, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS), ARISING OUT OF OR RELATING TO THE APPLICATION OR SERVICES OR YOUR USE, MISUSE OR INABILITY TO USE THE APPLICATION OR SERVICES, EVEN IF QUICKSERIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TOU, IN NO EVENT WILL QUICKSERIES’ AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE APPLICATION OR SERVICES EXCEED USD100.00.
14. Governing Laws and Jurisdiction
15. Law Enforcement
QuickSeries reserves the right, without any limitation whatsoever, to: (i) investigate any suspected breaches of the Application security or its information technology or other systems or networks; (ii) investigate any suspected breaches of these TOU or violations of any additional terms, conditions or rules posted in connection with a particular service or feature on the Application; (iii) involve and cooperate with law enforcement authorities in investigating any such matters; and (iv) prosecute violators of these TOU to the full extent permitted by applicable law.
16. Export Control
The Application may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the U.S.
17. Miscellaneous Provisions
where such failure results from any cause beyond QuickSeries’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation.
© QuickSeries Publishing Inc. 2020