These Terms of Use may change without notice to you. It is your responsibility to review these check the Terms of Use from time to time. Your continued use of the QuallyQue™ website signifies your agreement to these terms indicates agreement to these terms and revisions.

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ACCEPTANCE OF TERMS OF USE

BY USING OR VISITING THIS SITE, OR REGISTERING FOR AN ACCOUNT, YOU ARE AGREEING TO THESE TERMS OF USE, OUR PRIVACY POLICY. PLEASE READ EACH OF THESE CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO EACH TO THE PROVISIONS IN EACH OF THESE AGREEMENTS AND POLICIES, PLEASE DO NOT USE THIS SITE.

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1. Services.

QuallyQue™ is a community website, highlighting local businesses, services, deals, offers, events, and focused on connecting the people therein. Users are able to (i) search, create, and save local listings (“Listings”); (ii) connect (message, recommend, etc.) with friends and neighbors; (iii) read and write reviews and submit photographs; (iv) engage in online discussions and answer questions about the local neighborhood Seattle community; (v) vote for and find 'Neighborhood Gems™ of their local community; (vi) find, submit, upload, download, rate and share neighborhood deals, limited time offers, coupons and other such items as featured by QuallyQue or aggregated from other sites; (vii) sign up to receive local neighborhood newsletter, QQRoundup™; (viii) connect to Loqalwave™ for group buying deals in their local neighborhood community; (ix) Engage in campaigns, contests, promotions, activities that feature local neighborhood small businesses online and in person; (x) advertise, market and promote one's local neighborhood small business with QuallyQue, QQRoundup, LoqalWave, QQPerks™ and/or connect to other third party business and digital resources (collectively, the "Services").

2. Changes to the Website or Terms of Use

QuallyQue reserves the right to change the Website or Services, without notice. This includes the removal or discontinuation of any content or features of the Website. QuallyQue may, at anytime, revise these Terms of Use. The amended Terms of Use will be posted in place of the prior version and are effective immediately upon their posting. From time to time, check this page for changes - the date of the last update appears at the top of this page. Your continued use of the QuallyQue website signifies your agreement to these terms indicates agreement to these terms and revisions.

3. Ability to Accept Terms of Use.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, because the QuallyQue Website and Services are not intended for children under 13. If you are under 13 years of age, then please do not use the QuallyQue Website.

4. Registration and User Accounts.

In order to access certain features of the Services and Website, you must register and create a account (“User Account”). To create an Account you must be at least 13 years old. You are responsible for keeping your User Account password confidential. You are also responsible for any and all actions and activities connected to your User Account. In the case of unauthorized use of your User Account, you agree to notify QuallyQue immediately.

QuallyQue reserves the right to suspend and/or terminate your User Account at anytime for any reason, in its sole discretion. Causes for suspension or termination may include, but are not limited to:

1. violating these Terms of Use, the QuallyQue Terms of Engagement, and any other rules, policies, regulations, or guidelines for the Website;
2. providing untrue, inaccurate, or incomplete registration information, or reasonable grounds for suspecting that registration information is untrue, inaccurate, or incomplete,
3. submission of inappropriate content,
4. requests by law enforcement or other government agencies,
5. a request by the user (self-initiated account deletions),
6. discontinuance or material modification to the QuallyQue Website or any part,
7. technical or security issues or problems, and
8. extended periods of user inactivity.

Termination of an account may include some or all of the following steps:

1. deleting password and account designation,
2. removing access to offerings in the QuallyQue Website,
3. deleting files and content associated with or inside the account, and
4. barring further use of the QuallyQue Website. QuallyQue will not be liable to you or any third party for any suspension or termination of your account, any associated accounts, or access to the QuallyQue Website. You are not entitled to retain any account benefits if your account is terminated.

The Website features two types of User Accounts:

• A Individual Account is for your personal, non-commercial use, and may be used to post and transmit reviews, ratings, messages, pictures, and other website content (“Content”). Each person may have only one Individual Account. To create an Individual Account, you will submit information about yourself, such as your name and email address (“Account Information”), and create a public profile (“Profile”). QuallyQue prefers that your Profile reflect accurate information about yourself to add to your credibility as a contributor to the Website. While you must submit accurate Account Information, your public Profile need not reveal your identity; however, you may not impersonate anyone else, living or dead, neighbor or celebrity.
• A Business Account allows the owner (or an authorized representative of the owner) of a business listed (“Listing”) on the Website control of information pertaining to their business. To create a Business Account and claim a business, you must be an authorized representative of the business to which you are claiming, and provide complete and accurate information about yourself and the business you are claiming. You may not submit a email address that is not your own, nor may you create multiple accounts for the same business. However, if you own or represent a ʻchainʼ or multiple businesses, multiple accounts may be permitted in QuallyQue’s sole discretion.

5. Privacy.

When you access the Website and Services or create an Account, QuallyQue collects certain personally identifiable information from you as set forth in our Privacy Policy.
Personal information--such as your name or e-mail address--that you voluntarily disclose in Listings, reviews or within other User Content, on message boards or in chat areas that are accessible to other users may be collected and used by third parties. QuallyQue is not responsible for any such collection or use.

6. QuallyQue fee-based services.

Some of the Services require you to pay a fee, as described in the specific terms and conditions included where those Services are offered. You agree to pay all fees and charges that you incur. Unless otherwise noted, all currency references are in U.S. dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable.

7. Third-party Applications and Sites Products, and Services.

The Website contains links to other Internet sites owned by third parties. The Website also allows account holders to automatically share information between QuallyQue and other third-party applications and websites. QuallyQue does not own or run any of those application or websites that you interact with through QuallyQue. Your use of those third-party applications and websites is subject to the conditions that each of those sites has posted and your agreement with those application and websites will control how your information will be used and shared by those applications. You are responsible for evaluating whether you want to use an application or website and whether you want to share information with it. QuallyQue has no control over sites and applications that are not our own, and therefore is not responsible in any way for them. QuallyQueʼs inclusion on the Website of any third- party application, content or link is not an endorsement of that third-party application, site or content therein.
If you allow an application or website to connect with your QuallyQue account, that application or website can access information on QuallyQue related to you, your Listing(s), User Content related to your Listing(s), and how you use the Services.

8. Listings for Third-Party Products, Services and Businesses.

We do not sell, resell, or license any of the third party products, services or businesses that are reviewed, listed, or advertised on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.

9. User Content.

You are solely responsible for any reviews, text, data, graphics, images, profile information, feeds from third-party applications and other content that you post, transmit, submit or otherwise make available on the Website or through the Services (“User Content”). You grant to QuallyQue a nonexclusive, worldwide, transferable, sublicenseable, perpetual right and license to use, copy, modify, distribute, display, perform and create derivate works of all User Content you submit on and in connection with the Website, Services and QuallyQue’s business. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize QuallyQue to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by the QuallyQue Website, Services and these Terms of Use. You will not submit material that is copyrighted, protected by trademark, trade secret, or patent, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant QuallyQue all of the license rights granted herein. This includes, without limitation, permission from individuals depicted in any images you post. You agree that your User Content will comply with our Restrictions on Use/Prohibited Content, below, and our Rules of Engagement, incorporated into these Terms of Use by reference.

You should be aware that submitting User Content is a public, not private communication. When you voluntarily disclose personal information through your User Content, that information can be collected and used by others and may result in unsolicited messages from other people.

QuallyQue is not responsible and does not endorse any User Content or any opinion, recommendation, or advice expressed on the Website, and expressly disclaims any and all liability in connection with any User Content. QuallyQue reserves the right to determine whether any User Content is appropriate and complies with these Terms of Us, and may remove any Content and/or terminate your access or Account for violating of these Terms at any time, without prior notice and in our sole discretion.

10. Restrictions on Use / Prohibited Content.

The Website and Services may be used and accessed for lawful purposes only. You agree to comply with all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Website and Services. You agree that you will not:

• use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
• use the Website for any fraudulent or illegal purpose(s);
• use or access any Account that is not your own;
• use the Website for ʻkeyword spammingʼ or attempt to manipulate search results;
• submit content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law, or is otherwise inappropriate;
• use the Website in violation of these Terms of Use, the Privacy Policy, Registration Agreement or any applicable law;
• submit material that is protected by copyright, trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant QuallyQue, all of the licenses and rights granted herein;
• use the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
• use the Website to solicit personal information from minors or to harm or threaten to cause harm to minors;
• interfere with or violate any other Website visitor's or user's right to privacy or other rights; record, process, or mine information about other users;
• remove or modify any copyright, trademark or other proprietary rights notice on the Website or on any materials printed or copied off of the Website;
  
• impersonate any person or entity;
• transmit files that contain viruses, corrupted files, or any other software or code that may damage or adversely affect the operation of another person's computer, our Website, any software or hardware, or telecommunications equipment;
• interfere with or disrupt our sites, servers, or networks;
• restrict or inhibit any other user from using and enjoying any area within our Website;
• take any action that imposes an unreasonably or disproportionately large load on our infrastructure - spammers, hackers, robot & spider creator peoples, this means you.
• use manual or automated software, devices, scripts robots, other means or processes to access, scrape, crawl or spider any web page contained on the Website.
• transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters.
• Prohibited commercial uses include any of the following actions taken without QuallyQue’s express approval:
1. Sale of access to the QuallyQue Website or its related services on another website;
2. Use of the QuallyQue Website or its related services for the primary purpose of gaining advertising or subscription revenue;
3. Sale of advertising, on the QuallyQue Website or any third-party website, targeted to the content of specific User Content or QuallyQue content;
4. Use of the QuallyQue Website or its related services that QuallyQue finds, in its sole discretion, to use QuallyQue’s resources or Content with the effect of competing with or displacing the market for the QuallyQue Website, content, or User Content.

11. Copyright and Intellectual Property Infringement Claims.

If you believe that your copyright or other rights have been infringed on the Website, please submit a written notification to our Copyright Agent. When a valid notification is received, we promptly investigate and take down offending content. We will take reasonable steps to contact the user who posted the removed content so that any counter information may be submitted for consideration. Note that all such notifications are not covered by our Privacy Policy. You must include the following in your notification:

• a description of the copyrighted work or other rights that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website (including the url of the page(s) or copies of the page(s) if available);
• your address, telephone number, and email address;
• include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
• include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
• the signature of the person authorized to act on behalf of the owner of the copyright interest and assenting to the statements above;

You may contact our Copyright Agent at:

QuallyQue, LLC
Attention: Copyright Agent
4701 SW Admiral Way #234
Seattle, WA 98116
[support@QuallyQue.com]

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material or activity is infringing your copyrights.
12. Website Content.

The content on the Website, except all User Content, including without limitation, the text, software, scripts, graphics, music, photos, and the like ("Website Content") and the trademarks, service marks and logos contained therein are owned by or licensed to QuallyQue, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Website Content is provided solely for your information and personal use and cannot and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes without the prior written consent of the respective owners. You agree not to engage in the use, copying, or distribution of the Website Content other than as expressly permitted herein, including any use, copying, or distribution of User Content obtained from the Website for any commercial purposes. If you download or print a copy of the Website Content or User Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any aspect of the Website.

13. Termination; Cancellation.

We may immediately terminate or suspend your access to the Website and Services, and/or remove any material (including any User Content provided by you) from the Website or our servers, in the event that you breach these Terms of Use, at our sole discretion and without prior notice to you. Notwithstanding the foregoing, we also reserve the right to terminate the Services or your access to the Website at any time and for any reason. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. QuallyQue will not be liable to you or any third party for termination of the Website or Services or termination of your use of the Services. Upon any termination or suspension, any information (including User Content) that you have submitted may no longer be accessed by you. QuallyQue will have no obligation to maintain any information stored in our database related to your User Account or to forward any information to you or any third party.
You may terminate your Account at any time and for any reason by deleting your User Account or by sending QuallyQue notice at support@QuallyQue.com. Upon any termination by you, your User Account will no longer be accessible. Any suspension, termination or cancellation will not affect your obligations under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
14. Warranty Disclaimer.

YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE QuallyQue DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. QuallyQue DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

15. Limitation of Liability.

IN NO EVENT SHALL QuallyQue, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE QuallyQue IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT QuallyQue SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE QuallyQue CLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL QuallyQue’S CUMULATIVE LIABILITY TO YOU EXCEED $100. THIS SECTION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THIS SITE.

16. Indemnity.

You agree to defend, indemnify and hold harmless the QuallyQue, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of this Website and Services.

17. General.

These Terms shall be governed by the laws of the State of Washington, without regard to its conflict of laws principles. Any claim or dispute between you and QuallyQue that arises in whole or in part from the Website or Services shall be decided exclusively by a court of competent jurisdiction located in King County, Washington. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and QuallyQue’s failure to assert any right or provision shall not constitute a waiver of such right or provision.