Terms & Conditions

Access to and use of this World Wide Web site ("QCommerce Web site") is provided subject to the following terms and conditions, which may be amended from time to time at QCommerce's sole discretion. PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Copyright

The information, artwork, text, video, audio, or pictures (collectively "Information") contained on the QCommerce Web site are the copyrighted works of QCommerce or its suppliers. QCommerce's copyright notice is: Copyright ©1999-2016 QCommerce All rights reserved.

Use

Except as otherwise indicated, you may view, copy, print and distribute the information available on the QCommerce Web site subject to the following conditions:

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. QCOMMERCE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL QCOMMERCE OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM DAMAGE TO OR LOSS OF USE OF COMPUTER HARDWARE, DATA OR INFORMATION OR LOSS OF PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.

Links to Third Party

Sites The QCommerce Web site may contain links to third-party Web sites, which are not under the control of QCommerce. QCommerce provides these links as a convenience only and QCommerce does not intend these links to be endorsements or referrals of these linked sites. QCommerce does not accept any responsibility for the content or uses of these linked Web sites.

Copyright Policy and Copyright Agent

It is QCommerce's policy to respect the copyright and intellectual property rights of others. QCommerce may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, QCommerce may terminate the accounts of merchants who appear to infringe the copyright or other intellectual property rights of others. If you believe that QCommerce or any merchant or any user of our site has infringed your copyright in any material way, please notify QCommerce's Copyright Agent, and provide the following information:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
  2. An identification of the copyrighted work claimed to have been infringed.
  3. An identification of the material that you claim is infringing so that we may locate it on the site.
  4. Your address, telephone number and email address.
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
  7. QC's Copyright Agent is Chad Nicholls, who can be reached at webmaster@qcommerce.com or by mail at 3 - 7003 30 Street SE, Calgary, AB T2C 1N6, or by telephone at 1-800-970-5999.

If you have any additional questions about QCommerce or its privacy policy, please contact: support@qcommerce.com.

Governing Law and Jurisdiction

The QCommerce Web site (excluding linked sites) is controlled by QCommerce from its offices in the Province of Alberta. All matters relating to your access to, or use of, this Web site shall be governed by the laws of the Province of Alberta, without regard to the conflicts of laws principles thereof.

Trademark Information

Virtual Spin™ is a trademark of QCommerce All other brand and product names are trademarks or registered trademarks of their respective companies.

You may not use any of QCommerce's trademarks without express written permission of QCommerce. If you are interested in using our trademarks, please contact the webmaster@qcommerce.com.

Merchant and Hosting Service Agreement

QCommerce reserves the right, in its sole discretion, to modify, add or remove all or part of the Qcommerce Merchant Agreement (QMA) at any time upon notice to you.

Service:

QCommerce provides to Merchants services ("Store" or "Hosting Plan") described on http://www.qcommerce.com. QCommerce may, at its discretion and at any time, change, add or remove any features included as part of the Hosting Plan. If you do not agree with any changes in Hosting Plan features, your sole remedy is to cancel your use of hosting services. You are responsible for obtaining and maintaining an Internet connection and computer hardware and other equipment needed for client use and administration of the Store as described from time to time on www.qcommerce.com.

Merchant's Content:

You grant to QCommerce and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license under your copyrights and other intellectual property rights, if any, in all material and content displayed in your Store, to maintain such content on QCommerce's servers during the term of the QMA and to authorize the downloading and printing of such material, or any portion thereof, by end users for their personal use.

Fees:

You agree to pay to QCommerce on a monthly basis the fees as set out from time to time on www.qcommerce.com. QCommerce may change the fees on 30 days prior notice to you and you agree to pay the new fees. You agree to pay for the full month's fee even if service is terminated before the end of the month for any reason. Past due accounts may have their services suspended. If your credit card is returned or rejected, your Store will be suspended and you agree to pay a $35.00 U.S. dollars reinstatement charge. Suspension of service does not relieve you from your obligation to pay any and all fees, charges and costs due to QCommerce. Suspended service may be resumed upon receipt of full payment of all amounts due and a reconnect charge as determined by QCommerce. Past due amounts are subject to an interest rate charge of 1.5 per cent per month from the date of invoice, subject to the maximum rate permitted by law. You agree to pay all costs of collection including attorney fees and collection agency fees incurred. You waive any right to offset against the fees payable.

Term:

The term of the QMA will start on the date that you register to use the Hosting Plan and will continue until the end of the month. Thereafter the term will automatically renew for successive monthly periods, unless notice of non-renewal is provided as stated below; provided, however, that to qualify for each renewal you must at the time of renewal be in substantial compliance with the material terms and conditions of the QMA.

Non-Renewal:

Either party, in its sole discretion, may give notice of non-renewal with or without cause and without stating any reason therefor. Any notice of non-renewal will be effective at the end of the one-month term in which notice is given.

Termination:

Either party may terminate the QMA on thirty (30) days notice if the other party has materially breached or is otherwise not in compliance with any provision of the QMA, and such breach or noncompliance is not cured within such thirty (30) day period. QCommerce reserves the right to immediately suspend any customer access to your Store until your breach or noncompliance is cured. Notwithstanding the foregoing, QCommerce may immediately terminate your Store if QCommerce in its sole discretion concludes that you are engaged in illegal activities or the sale of illegal or harmful goods or services, or are engaged in activities or sales that may damage the rights of QCommerce or others and no prepaid fees, if any exist, will be refunded. You expressly waive any statutory or other legal protection in conflict with the provisions of this section. Upon termination, QCommerce reserves the right to delete any data files associated with your use of the Store. QCommerce shall not have any obligation to refund payments made by Merchants terminated for violating the QMA. QCommerce reserves the right to suspend or remove in its sole discretion any Merchant's Hosting Plan because of excessive traffic or bandwidth requirement. Current allocations of disk space and bandwidth for each Store are as follows:

Disk Space (MB) 1000
Data transfer (GB) 5

Survival:

The provisions under the following sections shall survive any termination of the Agreement: Termination, Privacy and Merchant Information, LIABILITY LIMITATION, WARRANTY DISCLAIMER, Indemnification, Governing Law, Arbitration.

Support:

QCommerce agrees to provide technical support in accordance with QCommerce's support policies published from time to time, as reasonably requested by you.

Privacy and Merchant Information:

QCommerce maintains information about you and your Store, including account registration information, clickstream data and Merchant customer order information on our servers. You agree that we may use this information in aggregate form for marketing or other promotional purposes. You also agree that we may use this information to send you information about products and services that we may be promoting, and that we may share this information with our partners for their use in marketing and promoting their products and services. When you sign up for Hosting Plan we collect your credit card or banking information, which we use to process your monthly fees for hosting services. We may disclose your information as may be required by law, or to government agencies, law enforcement officials or as set out in the section "QMA Violations" below. We may disclose this information to governmental and regulatory authorities without legal process in the event of a national emergency. You agree that QCommerce may delete customer credit card information from QCommerce servers 14 days after you retrieve such information, and may delete all other Merchant information from QCommerce servers on a rolling 120 day basis. You will receive a password from QCommerce to provide access to your Store. You are entirely responsible for any and all activities which occur under your account and password. You agree to keep your password confidential, to allow no other person or company to use your account, and to notify QCommerce promptly if you have any reason to believe that the security of your account has been compromised. You acknowledge and agree that technical processing of your information is and may be required: (a) for the Store to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Store; or (d) to conform to other, similar technical requirements. You also acknowledge and agree that QCommerce may access your account and its contents as necessary to identify or resolve technical problems or respond to complaints about your Store or our service.

Merchant Privacy Policy:

You agree to use your best efforts (a) to post a privacy policy in your Store that, at a minimum, discloses any and all uses of personal information collected from users by you; (b) to provide a hypertext link to your privacy policy on the home page of your Store and on all pages where you collect personal information from users and (c) to use personal information only as expressly permitted by your privacy policy.

QMA Violations:

QCommerce services may only be used for lawful purposes. Transmission or solicitation of any material that violates United States Federal, State or other laws that may apply in this jurisdiction or your local area is prohibited. This includes material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws. You will not publish or link to any material on your Hosting Plan that would commonly be considered "indecent" or "appealing to the prurient interest" also commonly referred to as "adult" material. Neither copyrighted material not belonging to you nor copies of any other page and/or images may be posted on your Store or linked to or from your Store without prior consent from the copyright holder and/or originator of the other page and/or images. Sending unsolicited commercial or bulk e-mail or any other method of distributing electronic messages to recipients who have not requested them, otherwise known as "spam" from our servers, or sending such e-mail with a QCommerce-hosted web site listed as the contact address, or any use of QCommerce's services or systems associated in any way with such mailings is strictly forbidden. QCommerce reserves the right to report such violations to the proper government authorities, as well as Internet service providers, and Internet control organizations. It is a violation of the QMA for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. QCommerce may in its sole discretion determine such misuse or fraudulent use and QCommerce will report all such misuses and fraudulent uses as determined by QCommerce in its sole discretion to appropriate government authorities, credit reporting services, financial institutions, and credit card companies. QCommerce shall immediately terminate, without any warning, the account of any Merchant who conducts any of the above activities, and no prepaid fees, if any exist, will be refunded.

Security Breaches:

It is a violation of the QMA for you to attempt to or to gain unauthorized access to any servers, accounts, networks or security systems of QCommerce or its Internet access provider, or their network providers. Any action taken on a complaint will be at the sole discretion of QCommerce. Notice of attempts to breach or actual breaches of such security or firewall systems should be directed to nicadmin@qcommerce.com. Notices of such problems should contain the following information:

  1. Identification of the security or firewall system that complainant believes was breached or on which a breach was attempted.
  2. Identification of the individual or entity who has attempted to or actually committed the breach.
  3. Identification and description of the nature of the attempted or actual breach.
  4. The address, telephone number, or email address of the complaining party.
  5. A statement, under penalty of perjury, that the information in the notification is accurate.

Copyright Infringement:

It is QCommerce's policy to protect the intellectual property rights of others and to act expeditiously upon notice of claimed infringement, to investigate and to take appropriate actions. Upon receipt of notices complying or substantially complying with the Digital Millennium Copyright Act, QCommerce will act expeditiously to remove or disable access to any material claimed to be a copyright infringement. Notices of copyright infringement should be directed to:

Chad Nicholls
Copyright Agent

By Mail:
QCommerce
800 Fifth Avenue, Suite 101-123
Seattle, WA 98104

By Email:
legal@qcommerce.com

Notices of copyright infringement should contain the following information:

  1. A physical signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity.
  4. The address, telephone number, or email address of the complaining party.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When QCommerce removes or disables access to any material claimed to be a copyright infringement, QCommerce may attempt to contact the Merchant who has posted such material in order to give that user or Merchant an opportunity to respond to the notification, although QCommerce makes no promise to do so. Any and all counter notifications submitted by the user or Merchant will be furnished to the complaining party. QCommerce will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before QCommerce replaces or restores access to any material as a result of any counter notification.

LIABILITY LIMITATION:

YOU AGREE THAT ALL ACCESS AND USE OF HOSTING PLAN IS AT YOUR OWN RISK. IN NO EVENT WILL QCOMMERCE OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE WHATSOEVER UNDER CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE HOSTING PLAN, OR ANY ERRORS OR OMISSIONS IN THE OPERATION THEREOF, OR ANY DAMAGES TO YOUR COMPUTER SYSTEM, INTERRUPTION OF BUSINESS OR LOSS OF DATA, OR ANY OTHER LIABILITY OR LOSS THAT MAY ARISE AS A RESULT OF THE QMA OR YOUR USE OF HOSTING PLAN. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE HOSTING PLAN, SITE-RELATED SERVICES, PRODUCTS, AND/OR CONTENT CONTAINED WITHIN THE WEB SITE IS TO STOP USING HOSTING PLAN. QCOMMERCE'S LIABILITY TO YOU WILL NOT FOR ANY REASON OR UNDER ANY CIRCUMSTANCES EXCEED THE ACTUAL PAYMENTS MADE BY MERCHANT TO QCOMMERCE.

WARRANTY DISCLAIMER:

HOSTING PLAN IS PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MERCHANTS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH QCOMMERCE IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY QCOMMERCE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification:

You agree to indemnify and hold harmless QCommerce, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your conduct, your use of the Store, the goods or services offered at your Store, any alleged violation of the QMA, or any alleged violation of any rights of another, including but not limited to your use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with your Store. QCommerce reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

Severability:

If any provision of this QMA should, for any reason, be held invalid or unenforceable in any respect, the remainder of this QMA shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.

Miscellaneous:

These Terms shall bind and benefit the permitted assigns, successors and heirs of the parties. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the matters stated herein and contains all of the covenants and agreements between the parties with respect thereto. Failure by QCommerce to exercise or enforce any right or provision of the QMA shall not constitute a waiver of such right or provision. The section titles in the QMA are for convenience only and have no legal or contractual effect. You shall not sell, transfer or assign this QMA or any of your rights or obligations hereunder. Neither party shall be liable to the other for any delay or failure in performance under the QMA resulting directly or indirectly from acts of nature or causes beyond its reasonable control.

Notices:

Any notices or communications under the QMA shall be by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed. If to QCommerce such notices shall be addressed, if by mail to:

800, Fifth Avenue, Suite 101-123
Seattle, WA 98104

and if by email to
legal@qcommerce.com

If to you, such notices shall be addressed to the electronic or mailing address specified when you subscribe for the Store, or such other address as either party may give the other by notice as provided above.

Arbitration:

The QMA and the relationship between you and QCommerce shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. Any controversy concerning service by QCommerce and this QMA, other than QCommerce's right to collection of sums due and owing by the Merchant, which the parties cannot resolve within thirty (30) days shall first be directed to arbitration in King County, Washington pursuant to local rules with all expenses being shared equally by the parties. The arbitrator shall be selected by QCommerce from a list provided by the Washington State Bar Association. In the event the dispute is still not resolved through arbitration, the dispute shall be settled by the court of jurisdiction in King County Washington. Any costs incurred in the enforcement of the arbitration or litigation shall be paid by the party against whom enforcement is sought.