This “Quick Consulting & Management LLC” Terms of Service constitutes a legal agreement (“Agreement”) between you (“You,” “Your,” and “User”) and Quick Consulting & Management LLC (“QCM”) regarding Your use of the Mortgage Calculator for Realtors application and/or mortgagecalculatorforrealtors.com website (collectively, the “App”). QCM and You may be referred to individually as a “Party” and collectively as the “Parties.”
By continuing to use the App, You confirm that You have read and agreed to this Agreement, the applicable policies and terms applicable for your Apple device(s) as posted on Apple’s website (www.apple.com/legal) (as may be amended from time to time) and the terms of any other information, policy and/or disclaimers referred to and/or linked to herein.
You are only authorized to access this App or to use the information, links, materials, products and/or services (collectively, the “Services”) offered on the App (regardless of whether Your access or use is intended) if You agree to abide by all applicable laws and to this Agreement. Some of the Services offered on the App may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into this Agreement by reference. In the event of an inconsistency between this Agreement and any additional posted conditions, the provisions of the additional posted conditions shall control.
Please read this Agreement carefully. If You do not agree with it, You should leave and/or delete this App immediately. Any questions or comments regarding, or problems with, this App should be sent to: Info [at] mortgagecalculatorforrealtors.com.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
- PURPOSE. QCM provides You with this App for entertainment purposes. This version or upcoming versions will try to provide approximate calculations based on certain criteria and conditions. This calculation is an approximate estimate only.
- ASSIGNMENT: QCM may assign this Agreement at any time to anyone without notice. You may not assign this agreement without QCM’s written consent. Any attempt by You to assign this Agreement without such consent will be null and void and may result in this Agreement being void, at QCM’s sole discretion.
- ATTORNEY’S FEES: In the event that You are found to be in default or breach of this Agreement by arbitration or a court of competent jurisdiction, You shall be liable to pay all reasonable attorney’s fees, arbitration and court costs, and other reasonably related collection costs and expenses incurred by QCM in enforcing its rights hereunder.
- CONFIDENTIALITY: In connection with this Agreement, You may receive or have access to commercially or personally valuable technical and non-technical confidential or proprietary information (“Confidential Information”) of QCM and/or its advertisers, licensors or suppliers (collectively the “Disclosing Parties”). Confidential Information includes all information, whether oral or written, relating to the business of a Disclosing Party that is not generally known or available to others, including, without limitation, current and proposed business information (including operations, planning, strategies, prospects, marketing interests, and products); technology information (including research, development, procedures, data, and designs); prototypes; computer programs; source code and documentation for software; technical drawings; algorithms; know-how; formulas; processes; ideas; inventions; schematics; financial information (including pricing); customer and vendor lists; the terms of any agreement entered into between the Parties and the discussions, negotiations and proposals related thereto; and information acquired during any facilities tours, regardless of whether it may be protected by patent, copyright or trademark law. You acknowledge and agree that any Confidential Information received or obtained from this App and/or a Disclosing Party will be the sole and exclusive property of the Disclosing Party and may not be used, disseminated or disclosed except as may be necessary to perform the obligations required under this Agreement or as may be required by law or court order. When required by law or court order, You will give the Disclosing Party prompt written notice of such required disclosure in order to afford the Disclosing Party an opportunity to seek a protective order or other legal remedy to prevent the disclosure, and shall reasonably cooperate with the Disclosing Party’s efforts to secure such a protective order or other legal remedy to prevent the disclosure. If the Disclosing Party cannot obtain a protective order or other legal remedy to prevent the disclosure as required by law or court order, then You may disclose the Confidential Information without liability, but must limit such disclosure only to that Confidential Information required by law. Notwithstanding the foregoing, the confidentiality obligations set forth herein shall not apply to any portion of any information which: (1) is now in the public domain, or hereafter enters the public domain through no action by You or any of Your representatives; (2) can be shown to have been known by You or Your representatives at the time it was received; (3) is furnished by any non-party to this Agreement to You, without violation of any restriction on disclosure of such content; or (4) is independently developed by You without reference to any Confidential Information of a Disclosing Party. Upon termination of this Agreement for any reason, or upon a Disclosing Party’s written request, You shall either return the Confidential Information to the Disclosing Party or destroy all Confidential Information and shall certify in writing to the Disclosing Party that all Confidential Information has been returned or destroyed. This section is severable and shall survive any termination or expiration of this Agreement.
- CONTENT: You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. QCM has the right, but not the obligation, to remove any content that may, in its sole discretion, violate this Agreement or that is otherwise objectionable.
- DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, ALL SERVICES AND UPDATES PROVIDED BY QCM AND/OR ON THE APP ARE PROVIDED ON AN “AS IS” AND “AS PROVIDED” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AS TO AVAILABILITY OF THE SITE OR SERVICES, COMPLETENESS, ACCURACY OR TIMELINESS OF INFORMATION, NON-INFRINGEMENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, AND SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. QCM DOES NOT REPRESENT THAT THE APP AND/OR SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR, BUG OR VIRUS FREE AND QCM SHALL NOT BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES, ACCESS DELAYS, INTERRUPTIONS, DELIVERY, NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, AND/OR EVENTS BEYOND REASONABLE CONTROL OF ANY OF THE SERVICES OFFERED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR TABLET, PHONE AND/OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE AND/OR ACCESS TO THE APP AND/OR SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- ENTIRE AGREEMENT: This Agreement sets forth the entire understanding and agreement of the Parties and supersedes any and all prior or contemporaneous oral or written agreements or understandings between the Parties as to the subject matter of this Agreement. You may not amend this Agreement unless mutually agreed upon with QCM, set forth in writing, and signed by both parties. QCM, at its sole discretion, may modify the terms of this Agreement and/or the operation of the App, at any time without notice to You. By using the App and/or any of its Services, You agree to the terms of this Agreement, including any modifications QCM makes, and further waive any rights or claims You may have against QCM.
- FORCE MAJEURE: Neither party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such party; provided, that the party whose performance is affected by any such event gives the other party written notice thereof within ten (10) business days of such event or occurrence.
- GOVERNING LAW: This Agreement shall be governed by the laws of the State of California without giving effect to principles of conflict of laws, thereunder, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. Any action to enforce this Agreement or any matter relating to Your use of the App and/or Services shall be brought exclusively in the Superior Court in Orange County, Florida, or if there is no jurisdiction in such court, then in the United States District Court for the Central District of Florida, Southern Division. Each party shall comply with all applicable laws, rules, and regulations, if any, required in performing its obligations under the Agreement.
- INDEMNITY: You agree to defend, indemnify, release and hold harmless QCM and its parent, subsidiaries and affiliated companies and their respective agents, directors, employees, independent contractors, members, officers, representatives and shareholders (collectively the “Indemnified Parties”) from and against any and all causes of action, claims, demands, investigations, or other proceedings, including, but not limited to, costs, damages, expenses, judgments, losses, and liabilities (including reasonable attorneys’ fees) related to or arising out of the Services and/or this Agreement brought by any third party against any of the Indemnified Parties (collectively, a “Claim”), to the extent that the Claim is related to: (1) any false advertising; (2) infringement, misappropriation, misrepresentation or violation of the rights of any third party, including, without limitation, intellectual property rights; (3) liability for information, materials, products or services; (4) disruption of the Services; (5) improper use of and access to QCM; (6) violation of any applicable law, rule or regulation; and/or (7) breach of any term of this Agreement and/or the foregoing representations and warranties, arising from or by You and/or via Your account. You further agree to: (1) take all steps reasonably necessary to substitute the Indemnified Parties as the real party in interest and effectuate a dismissal of any Indemnified Party that is named as a party in any third party claim; (2) pay all reasonable attorneys’ fees, costs, and expenses associated with the Indemnified Parties defense unless and until they are substituted out, with the Indemnified Parties having the sole right and discretion to select counsel to conduct their defense; and (3) assume full and sole responsibility and liability for any damages, costs, fees, settlements and/or judgments entered on any third party claim, except that You will not enter into any settlement that affects any of the Indemnified Parties’ rights or interest without such Indemnified Parties’ prior written approval. The Indemnified Parties assume no responsibility or liability for any damages, expenses, fees, or costs related to the defense of any third party claim. This section is severable and shall survive any termination or expiration of this Agreement.
- INTELLECTUAL PROPERTY: Intellectual Property includes, but is not limited to, all artwork, data, designs, games and flash animation, graphic content, illustrations, images, logos, marks, photographs, sound and video clips, source code, text, written content or other copyrightable subject matter, in addition to the selection and arrangement thereof, as well as all patents, trademarks, service marks, and trade names appearing on the App. QCM and their advertisers, affiliates, assigns, licensors, partners, service providers, subsidiaries or other respective owners (collectively “IP Holders”) will retain ownership of their respective Intellectual Property. Except as expressly provided in this Agreement, You are not authorized or licensed to use the IP Holders’ Intellectual Property. You agree not to: (1) adapt, broadcast, circulate, dispose of, disseminate, distribute, modify, publish, register, reproduce, retransmit, sublicense or translate, any of the IP Holders’ Intellectual Property rights; (2) alter, create derivative works of, edit, modify or revise the IP Holders’ Intellectual Property; (3) reverse engineer, decompile, reverse compile, or disassemble the IP Holders’ Intellectual Property in whole or in part; (4) rent, sell, lease, loan, electronically transfer or otherwise make available the IP Holders’ Intellectual Property to another party; (5) crawl, spider, index or in any non-transitory manner store or cache information obtained from the IP Holders’ Intellectual Property; or (6) permit any other person or entity to do any of the foregoing.
- LIMITATION OF LIABILITY:
- YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH QCM IS TO DISCONTINUE YOUR USE OF THE APP. YOU AGREE THAT QCM SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR BUSINESS), EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, DIRECTLY OR INDIRECTLY, ARISING IN CONNECTION WITH ANY ACTION OR OMISSION RELATED TO THIS AGREEMENT OR WITH RESPECT TO ANY OTHER SERVICES OFFERED BY QCM OR OUT OF ANY BREACH OF ANY WARRANTY, AND YOU AGREE TO WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF QCM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE.
- QCM SHALL NOT BE RESPONSIBLE FOR ANY ALTERATIONS, MODIFICATIONS, DELETIONS AND THE LIKE TO THE APP.
- IN NO EVENT SHALL QCM’S LIABILITY EXCEED $100 U.S. DOLLARS. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THIS LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT AND THAT IN ITS ABSENCE; THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY UNDER THESE TERMS. THIS SECTION IS SEVERABLE AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT.
- SOME JURISDICTIONS MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
M. NOTICE: You agree that any notices required to be given under this Agreement by QCM to You will be deemed to have been given if delivered in accordance with the contact information You have provided to us and/or the applicable app store for Your device. Any notices by You to QCM shall be sufficiently given only if in writing and transmitted by prepaid registered mail addressed to: QCM, 2845 Afton Cir, Orlando FL 32825.
N. RELATIONSHIP OF THE PARTIES: The relationship of the parties in connection with this Agreement is that of an independent contractor relationship, and no partnership, joint venture or employee/employer relationship is intended or shall be implied.
O. REPRESENTATIONS: By using the App, You agree under penalty of perjury to make the following statements:
1. I will provide accurate information when creating an account or registering for QCM Services.
2. I am of legal age to view material discussed above, in accordance with the laws of the region in which I reside and/or am accessing the App.
3. Any material that I am viewing is exclusively for my own personal use and I will not give, sell or otherwise provide any of it to anyone else.
4. I believe I have the unalienable right to read and/or view any type of material I choose.
5. I am aware of the standards of my local community with respect to the materials offered on this App; I am familiar with the materials offered by this App; and I represent, warrant and certify that the links, information, and use of materials on this App do not violate any standard or law that applies to me. In the event that a law that applies to me comes in to affect that would prevent me from viewing material on this App, I agree to no longer access this App.
6. I recognize that this App has no control over the content of other sites which are listed or linked on it and that it takes no responsibility for the content of those other sites.
7. I am legally able to accept the terms of this Agreement.
8. I am more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and am fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
P. SEVERABILITY: If any term or provision of this Agreement will to any extent be invalid, unenforceable and/or conflict with the law under which this Agreement is to be construed, the remainder of this Agreement will not be affected thereby and each term and provision of this Agreement will be valid and enforced to the fullest extent permitted by law. The ineffective term or provision shall be replaced by a valid one that approaches the ineffective term or provision as closely as possible.
Q. STATUTE OF LIMITATIONS: YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THIS AGREEMENT AND/OR RELATED TO YOUR USE OF THE SITE, MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
R. SUCCESSOR: This Agreement shall be binding upon Your heirs, executors, administrators, successors and assigns.
S. SURVIVAL: In the event of termination of this Agreement, regardless of the reason for termination, the terms of this Agreement, which by their nature extend beyond its termination, remain in effect until fulfilled and apply to each Parties’ respective successors and assigns.
T. TERMINATION: QCM may terminate this Agreement and/or Your access to the App and/or Services for any reason, or no reason, at any time with or without notice to You. In the event of any termination, you will immediately cease access to the App and Services.
U. THIRD PARTY BENEFICIARIES: This Agreement shall not be construed to create any obligation or benefit to any non-person or entity which is not a party to this Agreement.
V. THIRD PARTY SITES: The App may contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. QCM has no control over third party sites and is not responsible for any changes to or content on them. QCM’s inclusion on its App of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. Please note that QCM has financial relationships with some of the third parties displayed on the App. You understand and agree that QCM may be compensated if You and/or other users choose to utilize the links and/or services provided by such third parties on this App.
W. WAIVER: The failure to insist upon or enforce strict performance of any provision of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of the right to enforce any such provision or right in any other instance.