TERMS OF SERVICE

  1. USE SUBJECT TO TERMS
  2. Thank you for using Quickfindit.com. Quickfindit provides services to you, subject to the following Terms of Service (the "Terms"), which may be updated by Quickfindit from time to time. By using Quickfindit’s services, you agree that your use shall be subject to the Terms. The most current version of the Terms will be posted at www.quickfindit.com/tos.html at all times.

  3. QUICKFINDIT’S SERVICES
  4. Quickfindit provides users with a wide variety of searching resources at one web site. Users have access to professional Internet searchers who can locate specific items as requested by users for an agreed-upon fee. Quickfindit also provides its users with links to the dozens of other searching services on the Internet to further satisfy their searching needs. Quickfindit also will provide chat rooms dedicated to Internet searching topics and will also offer the ability to customize the web site for a user’s own preferences. The above services are collectively referred to as the "Service". Any new features that expand or enhance the current Service, including the addition of new services, shall be subject to the Terms.

  5. REGISTRATION
  6. In exchange for your use of the Service, you agree to: (a) provide true, current and complete information about yourself as prompted by the Service's registration form and search-related requests for such data (such information is referred to as the "Registration Information"), and (b) maintain and promptly update the Registration Information to keep it true, current and complete. If you provide any information that is untrue, not current or incomplete, or Quickfindit has reasonable grounds to suspect that such information is untrue, not current or incomplete, Quickfindit has the right to suspend or terminate your current or future use of the Service, or any portion thereof.

  7. QUICKFINDIT PRIVACY POLICY
  8. Registration Information and other information including the content of your searches are subject to our privacy policy which is posted at www.quickfindit.com/priv_sec_html.

  9. FEEDBACK
  10. Quickfindit wants you to be satisfied with the Service and requests that you provide us with your feedback in case you are not satisfied with any aspect of the Service. Your comments should be e-mailed to info@digitaltsunami.com.

  11. IMPORTANT INFORMATION REGARDING HYPERLINKS AND FRAMES
  12. Quickfindit.com contains links to and frames of third party web sites and resources on the Internet which are not affiliated with Quickfindit. Quickfindit provides these links and frames only as a convenience. Users need to be aware of the following policies with respect to such links and frames:

    a. No Endorsement. The inclusion of links and frames to third party sites on Quickfindit.com does not constitute any endorsement, implied or otherwise, by Quickfindit or its affiliates of the linked or framed sites or the services offered on such sites, and no information on such sites have been endorsed or approved by Quickfindit or its affiliates. The linked and framed sites are not under the control of Quickfindit or its affiliates, and neither Quickfindit nor its affiliates are responsible for the contents of any linked site or any link contained in a linked site. You hereby agree that under no circumstances shall Quickfindit or its affiliates be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on such linked or framed sites.

    b. Copyright Protections. The links and frames provided by Quickfindit.com connect users to third party web sites which may contain material which infringes on copyrights held by other persons or entities. Since Quickfindit is not affiliated with these third party web sites, it cannot control the content on such sites. However, Quickfindit has adopted and implemented a policy providing that it will terminate, in appropriate circumstances, links and frames to any web site found to contain material which may infringe on any person or entity’s copyright. Such policy is intended to limit the liability of Quickfindit pursuant to 17 U.S.C. §512(i) contained in the Digital Millennium Copyright Act enacted October 28, 1998. Any suspected infringement should be reported immediately to Quickfindit at info@digitaltsunami.com.

  13. TRADEMARKS
  14. Quickfindit, the Quickfindit logo, the "Q-clock " logo, and other Quickfindit logos and product and service names are trademarks of Digital Tsunami, Inc. (the "Quickfindit Marks"). You agree not to display or use the Quickfindit Marks in any manner without Quickfindit's prior permission.

  15. COPYRIGHTS
  16. If you believe that your work has been copied in a way that constitutes copyright infringement in connection with the Services, please provide Quickfindit's Copyright Agent with all of the following information in writing:

    a. a description of the copyrighted work that you claim has been infringed;

    b. a description of where the material that you claim is infringing is located on the site;

    c. 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;

    d. your address, telephone number, and e-mail address;

    e. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

    f. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

    Quickfindit's Copyright Agent for Notice of claims of copyright infringement on its site is Lorne Polger, Esq., Procopio, Cory, Hargreaves & Savitch, 530 B Street, Suite 2100 San Diego, CA 92101, (619) 515-3298, lrp@procopio.com.

  17. MEMBER CONDUCT
  18. You agree that all text, information, data, graphics, software, photographs, video, messages or other materials ("Content"), whether or not privately transmitted in connection with the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Quickfindit, are entirely responsible for all Content that you e-mail or otherwise transmit via the Service. Quickfindit does not control the Content transmitted by other members via the Service and, as such, does not guarantee the accuracy or integrity of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Quickfindit be liable for any Content transmitted in connection with the Services, or for any loss or damage incurred as a result of the use of any Content e-mailed or otherwise transmitted via the Service.

    In using the Service, you agree not to:

    a. solicit, e-mail or otherwise transmit any Content that is unlawful, abusive, harmful, threatening, harassing, defamatory, obscene, libelous, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    b. forge headers or manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

    c. interfere with or disrupt the Service or any network connected to the Service, or disobey any policies or regulations of networks connected to the Service;

    d. e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    e. e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, confidential and proprietary information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    f. e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "spam," "junk mail," "chain letters," "pyramid schemes," or any other form of solicitation;

    g. e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    h. collect or store personal data about other users;

    i. impersonate any person or entity, including without limitation, a Quickfindit employee or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    j. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    k. intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law;

    l. harm minors in any way; or

    m. "stalk" or otherwise harass another.

    You acknowledge that Quickfindit does not pre-screen Content, but that Quickfindit and its designees shall have the right, but shall not be obligated, in their sole discretion to refuse or remove any Content that is available via the Service. You agree that you must bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You therefore acknowledge that you will bear the risk of relying on any Content created by Quickfindit or submitted to Quickfindit.

    You agree that Quickfindit may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with applicable laws; (b) enforce the Terms; (c) address claims that any Content violates the rights of third parties; or (d) protect the property, rights, or personal safety of Quickfindit, its users and the public.

    You agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  19. INTERNATIONAL USE
  20. In light of the global nature of the Internet, you agree to comply with all local laws and rules applicable to you regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  21. NO RESALE
  22. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

  23. INDEMNITY
  24. You agree to indemnify and hold Digital Tsunami, Inc. and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

  25. SERVICE MODIFICATIONS
  26. Quickfindit reserves the right to modify or discontinue, temporarily or permanently, the Service at any time with or without notice. You agree that Quickfindit shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  27. USE AND STORAGE
  28. You acknowledge that Quickfindit may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service, the maximum disk space that will be allotted on Quickfindit's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Quickfindit has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service.

  29. PROPRIETARY RIGHTS
  30. You agree that the Service and any necessary programming used in connection with the Service ("Programming") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Quickfindit, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Programming, in whole or in part. Quickfindit grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Programming on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Programming. You agree not to modify the Programming in any manner or form, or to use modified versions of the Programming, including without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Quickfindit for use in accessing the Service.

  31. DEALINGS WITH ADVERTISERS
  32. Your dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Quickfindit shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.

  33. DISCLAIMER OF WARRANTIES
  34. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QUICKFINDIT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    b. QUICKFINDIT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    c. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QUICKFINDIT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  35. LIMITATION OF LIABILITY
  36. YOU EXPRESSLY AGREE THAT QUICKFINDIT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF QUICKFINDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  37. EXCLUSIONS AND LIMITATIONS
  38. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

  39. TERMINATION
  40. You agree that Quickfindit, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Quickfindit believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Quickfindit may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice, and agree that Quickfindit may immediately bar any further access to such files or the Service. Further, you agree that Quickfindit shall not be liable to you or any third party for any termination of your access to the Service.

  41. NOTICE
  42. Notices to you may be made via either e-mail or regular mail. The Service may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Service.

  43. INVESTING MATTERS
  44. If you intend to transmit or receive any information on the Service concerning companies, you agree that Quickfindit shall not be responsible for any such information. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Quickfindit shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

  45. GENERAL INFORMATION

The Terms constitute the entire agreement between you and Quickfindit and govern your use of the Service, superceding any prior agreements between you and Quickfindit. The failure of Quickfindit to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and Quickfindit shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Quickfindit agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Diego, California. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.


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