Quincy Technologies, Inc. (the “Quincy Sites”) and/or Service (defined below), owned and operated by Quincy Technologies, Inc. (“Quincy,” “we,” or “us”). Quincy provides remote tech support, use assistance and training designed to help older adults stay independent, safe and connected.
Our goal is to improve the lives of older adults by making existing technology more accessible and curating new technologies designed for older adults. We offer adult children and caregivers the peace of mind to know that their loved ones are using technology to stay safe, secure and engaged.
We will provide services and benefits to: (1) the older adult who purchases certain Offerings directly (“Subscriber”), (2) the individual or entity that purchases certain Offerings on behalf of the Subscriber (“Purchaser”) and/or (3) the people who reside at the Subscriber’s primary residence; the location of the primary residence associated with the Services must be in the U.S. (“Service Address”).
Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.
We will provide the Service to you as described in these Terms, including support, if applicable, for your consumer electronics, products regardless of whether the products were purchased from us. For the sake of clarity, any Service provided in connection with your consumer electronics and appliances is not a guarantee, warranty, or extended warranty that such products will not contain defects or that we can repair any item or that we will replace or provide a refund of your product’s purchase price in the event your product cannot be repaired.
Please read this agreement carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
1. Use of the Service
This is a contract between you and Quincy. You must read and agree to these Terms before using any part of the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Quincy, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Quincy.
B. Purchaser Representation
If you are a Purchaser purchasing the Service on behalf of another User, you represent and warrant to Quincy that you have the full right, power, and authority to enter into these Terms, receive information related to the Service on behalf of the User, and grant the rights hereunder. You further represent and warrant that you have the legal right, power, and authority to consent to these Terms on behalf of the User and yourself, and you are at least 18 years of age. You have read, and understand, the Terms. By signing below, you hereby consent to and approve the User’s execution of these Terms, and agree that both the User and you will be bound by all of its Terms.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Quincy reserves all rights not expressly granted herein in the Service and the Quincy Content (as defined below). Quincy may terminate this license at any time for any reason or no reason.
Your access and use of the Service may be interrupted from time to time due to third-party failures outside of our control (such as unavailability of general Internet infrastructure). Access and use may also be interrupted for periodic updating, maintenance or repair of the Service by Quincy. While we will make reasonable efforts to make the Service available to you, we do not promise that it will be available at all times.
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the Quincy Service. We do not guarantee that the Service can be accessed and used on any particular mobile device or with any particular service plan.
Quincy cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Quincy cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
D. Quincy Accounts
Your Quincy account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. You may have the option to designate people that you would like to be able to view information and reports regarding your use of the Service (“Authorized Viewers”). You are solely responsible for the activity that occurs on your Quincy account.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Quincy immediately of any breach of security or unauthorized use of your account. Quincy will not be liable for any losses caused by any unauthorized use of your account.
By providing Quincy your email address or permitting Quincy to create an email address on your behalf, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, alerts, notifications, updates, offers and improvements.
E. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Quincy servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Quincy grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Quincy Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
2. Our Proprietary Rights
Except for your User Content, the Quincy Site, Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Quincy Content”), and all Intellectual Property Rights (defined below) related thereto, are the exclusive property of Quincy and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Quincy Content. Use of the Quincy Content for any purpose not expressly permitted by these Terms is strictly prohibited. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Quincy under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Quincy does not waive any rights to use similar or related ideas previously known to Quincy, or developed by its employees, or obtained from sources other than you.
3. Order and Payment Terms
After you place an Order to purchase an Offering, we will review the information you provided for validity by verifying your method of payment and/or billing address. Any fees that we may charge you are due prior to or at the time of Service. We may contact you (via email or phone) if additional information is required to accept and process your order. Invalid Order information may result in delays in processing your order. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. If you are a Subscriber or Purchaser, you will pay any and all applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. Your receipt of an order confirmation does not constitute Quincy’s acceptance of your Order. Without prior notification, Quincy maintains the right to refuse to sell the Service to any customer for any reason or no reason at all. If your Order is canceled, we will attempt to notify you using the email address you have given us with the Order.
B. Payment Methods
We accept various payment methods for Orders through Stripe, including, without limitation, Mastercard, Visa, and American Express. By using our Service, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal. We will bill your payment method when you place an Order for Service through the Quincy Site or order form. Quincy will not fulfill any Service Order without authorization and validation of your purchase from your payment method or a third-party.
5. Information Security
Quincy cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information and/or User Content for improper purposes. You acknowledge that you provide your personal information and/or User Content at your own risk.
6. Third-Party Links and Information
If you are unhappy with your merchant product purchase, if you wish to return your merchant product, if you ordered a merchant product and it has not arrived, or if you have another customer service inquiry regarding your purchased merchant product, you will need to contact the third-party merchant from whom you purchased the product. Quincy is not involved in your merchant product purchase and is not able to assist with any customer service inquiries or returns related to that purchase. To assist you with customer service concerns, Quincy may, for some merchants, include the merchant's contact information within the Quincy service.
Quincy Offers and Third-Party Links
Quincy may display to you Quincy offers and other personalized and non-personalized pricing and product information regarding goods and services offered by third-party merchants. These offers and product information may be provided in several ways, including as links to third-party websites or as coupons or discount codes you can apply to your purchase of products offered by third-party merchants.
To improve our services, Quincy may track how you use the services we provide, including whether you click on links to third-party websites, your actions on those third-party merchant websites, and whether you use the discount or coupon codes displayed by Quincy.
Quincy Is Not Responsible for Third Parties
All products you purchase from a third-party merchant, including those linked from the Website or Quincy emailed offers, or displayed through Quincy or through the Quincy browser extension, are: (a) priced by the applicable third-party merchant (including whether such prices include applicable local, provincial, state, or federal taxes, and any additional fees, such as shipping and handling); and (b) fulfilled, shipped, and otherwise serviced (including but not limited to the processing of returns, refunds, and cancellations) by the applicable third-party merchant and not by Quincy. Quincy is not responsible for any third-party merchant products or any information contained on the third-party merchant's website.
You agree that your purchase from a third-party merchant is subject to such merchant's own terms and conditions applicable to such purchase. You agree that Quincy is in no way responsible or liable to you for any products you purchase through or using the Service, including for any product liability claim, improper charges, delivery failures, pricing errors, or inaccurate product descriptions. You acknowledge and agree that Quincy is not liable or otherwise responsible for any breaches of credit card or debit card security or privacy by any third-party merchants.
Quincy does not endorse, warrant or guarantee the products or services that are displayed through the Service, including through Quincy Offers and other advertised links to third-party websites. Quincy is not an agent, distributor, re-seller, broker or otherwise responsible for third-party merchants or the activities or policies of those merchant websites, or the products or services available on them. Quincy does not promise or guarantee that the product details, prices, coupon availability or other service terms, rates or rewards offered by any particular advertiser or other third party via our Service are the best prices, best terms or lowest rates available in the market.
Quincy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices or opinions expressed in any third-party websites or by any third-party that you interact with through the Service.
7. Access to Your Equipment; and Remote Access
Solely at your own risk, you agree to allow Quincy and our agents the rights to send software and/or “downloads” to the Equipment, and install, configure, maintain, inspect, and upgrade the Equipment. You represent and warrant you are either the owner of the Equipment or that you have the authority to give us access to the Equipment. If you are not the owner of the Equipment, you are responsible for obtaining any and all necessary approval from the owner to allow Quincy and our agents access to the Equipment to perform the activities described in this paragraph. In addition, you agree to supply Quincy or our agents, if we ask, the owner’s name, address and phone number and/or evidence that the owner provided such authorization.
B. Additional Terms for Remote Access.
To receive web-based remote technical support, you will need to provide a high-speed internet connection, a telephone or video connection with us, and/or consent to share with us your screen and control of your mouse, if applicable. You will provide information about the symptoms and causes of the issues you are experiencing. You will respond to our requests for information including but not limited to the Equipment serial number, model, version of the operating system and software installed, any peripheral Equipment connected to or installed on the Equipment, any error messages displayed, the actions which were taken before the Equipment experienced the issue, and the steps taken to resolve the issue. You agree that immediately after we connect to your Equipment remotely, we will be able to see documents, software, and applications on your desktop or open on your screen.
C. Video Recordings
As part of the Service, Quincy (and/or others on our behalf) may record (both audio and video) parts of the Service ("Recordings") in any manner and for any purpose in connection with Quincy, its business, marketing, or for any other lawful purpose. By agreeing to these Terms and participating in the Service: (i) you agree that your image, likeness, voice, statements and other identifying characteristics (your "Image") may be Recorded, and you consent to the use of your Image in connection with the use of the Recordings; (ii) you irrevocably grant Quincy and its agents, contractors, licensees and designees and their respective successors and assigns (the "Quincy Parties") a non-exclusive, worldwide, royalty-free and fully paid-up, perpetual license to use, reproduce, distribute, prepare derivative works of, translate, display, perform and otherwise use the Recordings and your Image therein, in whole or in part, in any and all media in order to provide the Service to you; (iii) you waive any right you may have to inspect and/or approve the use of the Recordings or any reproductions thereof, and you agree that Quincy is not obligated to make any use of your Image or exercise any of the rights granted to it; (iv) you waive and release any and all rights of privacy and publicity, and any and all claims to compensation or damages or of violation of intellectual property rights, in connection with the use of the Recordings and your Image therein; and (v) you represent that you are of full legal age and have read this release and fully understand its contents.
8. Term and Termination
These Terms will be in effect from the time that the Service is activated until it is terminated as provided for by these Terms or by any addendum to or replacement of these Terms. The Service begins the earliest of (1) the day your Order for the Service is entered into our billing system or (2) the day that you accept the Service.
B. Termination by You
You may terminate these Terms by notifying Quincy in one of the following ways: (1) send an electronic notice to email@example.com; or (2) speak with a customer service representative during normal business hours at 208-557-8466 (the “Termination Methods”). Prior to effecting such termination, or any other change to your account, we may verify your identity and confirm your election. All applicable fees and charges for the Service will accrue until these Terms have terminated and the Service has been terminated. For avoidance of doubt, in the event any Service has been provided to you in advance of your termination, you will be responsible for all costs related to such Service.
C. Termination by Us
Subject to applicable law, we reserve the right to act immediately and without notice to terminate or suspend the Service and/or to remove from the Service any information transmitted by or to any users (e.g., email or voicemail). We may take these actions if we: (1) determine that your use of the Service does not conform with the requirements set forth in these Terms, (2) determine that your use of the Service interferes with our ability to provide the Service to you or others, (3) reasonably believe that your use of the Service may violate any laws, regulations, or written and electronic instructions for use, (4) reasonably believe that your use of the Service interferes with or endangers the health and/or safety of our personnel or third parties or (5) you threaten, harass, or use vulgar and/or inappropriate language toward our personnel. Our action or inaction under this Section will not constitute review or approval of your or any other users’ use of the Service or information transmitted by or to you or other users. In the event that we suspend or terminate your Membership or these Terms for your breach of these Terms, you understand and agree that you will receive no refund or exchange for any unused Services, any content or data associated with your account, or for anything else.
9. Release and Indemnity
You hereby agree to release Quincy from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with any in person or remote Services. If you have a dispute with any third-party (including a merchant from whom you purchase a product in connection with the Service), you agree that Quincy is under no obligation to become involved. You agree to defend, indemnify and hold harmless Quincy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above, including but not limited to the terms in Section 8 (Access to your Equipment and Remote Access); (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
10. No Warranty
The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Quincy does not warrant, guarantee, or assume responsibility for any Equipment or data. No advice or information, whether oral or written, obtained by you from Quincy or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Quincy, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Quincy does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement will not apply to the extent prohibited by applicable law.
11. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Quincy, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, this service. Under no circumstances will Quincy be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.
To the maximum extent permitted by applicable law, Quincy assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, loss of data and/or personal information, Equipment damage, or other property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event will Quincy, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Quincy hereunder or $1,000.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Quincy has been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
You understand that Equipment may need to be opened, updated, accessed or used either by you or by us or our agents in connection with installation, updating, or repair in connection with the Service. The opening, accessing, or use of the Equipment used in connection with the Service may void warranties provided by the manufacturer or other parties relating to the Equipment. Neither we nor our agents will have any liability whatsoever as the result of the voiding of such warranties. Neither we nor our agents will have any liability whatsoever for any damage, loss, or destruction to the Equipment or any data therein except as may be caused by gross negligence or willful misconduct. In the event of gross negligence or willful misconduct by us or our agents, we will pay at our sole discretion for the repair or replacement of the damaged Equipment up to a maximum of $500.00, and this will be your sole and exclusive remedy relating to such activity.
By accepting these Terms, you waive all claims against us for interference, disruption, or incompatibility between the Service and any other service, systems, or Equipment. In the event of such interference, disruption, or incompatibility, your sole remedy will be to terminate the Service in accordance with Section 9 (Term and Termination).
12. No Professional Advice
Quincy is not providing professional advice. No action should be taken based upon any information contained in the Quincy Site (for example legal, financial, or medical advice), if such information is provided, it is for informational purposes only and should not be construed as professional advice. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area, including without limitation any legal professionals permitted to practice law in your applicable jurisdiction.
13. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law
You agree that: (i) the Service will be deemed solely based in New York; and (ii) the Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Quincy. For any dispute with Quincy, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Quincy has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Quincy agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will be deemed as preventing Quincy from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Quincy are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Quincy without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
B. Notification Procedures and Changes to these Terms
15. Entire Agreement/Severability
These Terms, together with any Orders, amendments and any additional agreements you may enter into with Quincy in connection with the Service, will constitute the entire agreement between you and Quincy concerning the Service. If you have entered into a recording release with Quincy, or any other release in connection with any one of our Services, and there is an inconsistency between the terms of such release and these Terms, the terms of such release shall control. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement will be unenforceable.
A. No Waiver
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Quincy’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
Please contact us at email@example.com with any questions regarding these Terms.
ACCEPTED AND AGREED TO ON THE DAY THAT YOU ACCEPT THE SERVICE, CHAT, EXTENSION, APPLICATION, OR CALL INTO QUINCY TECHNOLOGIES, INC.