Qwixo User Agreement

Welcome to Qwixo's User Agreement. This Agreement describes the terms and conditions under which you may use the services of our site (Services).  By using our site, you are consenting to the terms and conditions of this Agreement.  If you have any questions please contact us.

We may amend this Agreement at any time by posting the amended terms on our site.  Your use of our site after any such posting shall constitute your consent to any such modifications. This Agreement may not be otherwise amended except in a writing signed by you and Qwixo.  This Agreement shall be effective for all users as of August 31, 2005.

1. Eligibility.
   Our Services are available only to adults (persons over the age of 18) who can form legally binding contracts under applicable law and who are legal residents of the United States .  If you do not meet these requirements, you are not permitted to use our site.
2. Fees and Services.
   We may in our sole discretion change some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying any applicable fees associated with using our Service and our site as well as all applicable taxes.  All payment of fees is final.  No credits or refunds of fees for our Services will be provided regardless of the circumstances.
3. Qwixo is Only a Venue.

3.1 Overview. Our site acts only as a venue for users to list or post items and/or review or make offers on items. We are not involved in the actual transaction between buyers and sellers.  Thus, we have no control over and assume no liability for the quality, safety or legality of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot guaranty that a buyer or seller will actually complete a transaction.  With respect to any links on our site that take users to other sites, such sites are not under our control and thus we will not be liable or responsible for such sites or any content on those sites.

3.2 Safe Trading.  Due to the nature of doing business on the internet, Qwixo cannot and does not confirm each user's purported identity.  Thus, we encourage you to communicate directly with potential trading partners.  We also suggest that you consider using a third party escrow service or services that provide additional user verification. 

3.3 Release. Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release Qwixo (and our officers, directors, agents, subsidiaries, affiliates and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code #167;1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

3.4 Information Control. We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe business practices when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense or other unauthorized users of our site.

4. Postings Descriptions.

4.1 Postings. You are solely and fully responsible for any materials you post on our site including, but not limited to, photos, profiles, message boards, listings, events, testimonials (Postings).  We act only as a passive conduit for the publication of your Postings.  Postings may only include text descriptions, graphics and pictures you supply to our site (or that you link to from our site) that describe your item for sale. All listed items must be listed in an appropriate category.  At any one time you may not promote identical items in more than ten (10) listings on our site.

4.2 Fraud. Without limiting any other remedies, Qwixo may in our sole and absolute discretion suspend or terminate your account or your ability to use our site if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) or reasonably suspected to have engaged in fraudulent activity, violated the terms of this Agreement, or engaged in unfair business practices or violated any applicable law, statute, ordinance or regulation.

4.3 You agree that your Postings: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening racially motivated or unlawfully harassing; (f) shall not be pornographic, sexually explicit or obscene or contain child pornography or harmful to minors in any way; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; (i) shall not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (j) shall not include personal or identifying information about another person without that persons explicit consent; (k) shall not constitute or contain affiliate marketing, link referral code, junk mail, spam mail (including, but not limited to key word spamming), chain letters, pyramid schemes, or unsolicited commercial advertisements and (l) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include.  Furthermore, you may not make any Posting on our site (or consummate any transaction that was initiated using our Service) that could cause us to violate any applicable law, statute, ordinance or regulation or that we deem offensive in our sole discretion including but not limited to alcohol, firearms, tobacco, fireworks or other explosives, pharmaceuticals or hazardous or other dangerous materials.

            In addition, you agree not to:  (a) contact anyone who has asked not to be contacted; (b) stalk or otherwise harass anyone, (c) collect personal data about others for commercial or unlawful purposes; (d) use automated means i.e. spiders, crawlers, data/mining tools to download data from our site or (e) attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the gravity of, interferes with or impairs the functionality of our site or our Services.

4.4  You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your Postings, in any media now known or not currently known, with respect to your Postings.

5. Access and Interference.
   You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Qwixo site or our Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to Qwixo by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our site without the prior expressed written permission of Qwixo or the appropriate third party.  We may without notice modify, suspend or discontinue our Services at any time.  In addition, we may establish other limits on the use of our Service including, but not limited to, the number, size or retention of Postings.  We will not be liable to you for any of the foregoing.
6. Breach.
   Without limiting other remedies, we may immediately issue a warning, remove a Posting, temporarily suspend, indefinitely suspend or terminate your ability to use our site and refuse to provide our Services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; (c) if we believe that your actions may cause legal liability for you, our users or us; or (d) if we believe that your actions are offensive or constitute unfair business practices.
7. Privacy.
   Our current Privacy Policy is available (at http://www.Qwixo.com/privacy).
8. No Warranty.
   OUR SITE AND SERVICES ARE PROVIDED ON AN "AS IS" WITH ALL FAULTS BASIS.  WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.   TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO WARRANTIES THAT OUR SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION POSTED ON OUR SITE OR OBTAINED THROUGH OUR SERVICES.
9. Liability Limit.
   IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).  NOR SHALL OUR LIABILITY ON ANY CLAIMS FOR DAMAGES ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT, OUR SITE OR OUR SERVICES EXCEED THE AMOUNT OF FEES YOU PAID TO US FOR THE USE OF OUR SITE OUT OF WHICH SUCH LIABILITY ALLEDGEDLY ARISES.
10. Indemnity.
    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of in any way your use of our Services or our site, your breach of this Agreement or the documents it incorporates by reference, or your violation of any applicable law, rule or regulation or the rights of a third party.
11. Legal Compliance.
    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our site and our Service and your listing, purchase, solicitation of offers to purchase, and sale of items.
12. No Agency.
    You and Qwixo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
13. Notices.
    Except as explicitly stated otherwise, any notices shall be given by e-mail to service@Qwixo.com (in the case of Qwixo) or to the email address you provide to Qwixo during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Qwixo during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
14. Additional Terms.
    The following documents are incorporated by reference:

Our Privacy Policy is available at Qwixo.com/privacy.  We may change our Privacy Policy from time to time and our changes are effective after we provide you with at least ten (10) days' notice of the changes by posting the changes on the announcements board and sending email to users who select such notification.

15. Miscellaneous.
    This Agreement constitutes the entire Agreement and understanding between Qwixo and You with respect to the use of our site and our Services.  We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of our site may be interfered with by numerous factors outside of our control.  Failure of Qwixo to enforce rights hereunder shall not be deemed a waiver.  Should any provision(s) be ruled invalid by applicable legal authority, such provisions shall be deemed amended to reflect the intent of the parties to the maximum extent permitted by law, or if not possible due to the nature of such provision omitted and remaining terms of the Agreement remain in full force and effect.  This Agreement shall be governed by and construed in accordance of the laws of the State of Michigan .
16. Disclosures.
    The services hereunder are offered by Qwixo, Inc., located at 134 W. University, #305, Rochester, MI  48307.