Quick Key Terms of Use Last Update: February 3, 2015   Welcome to Quick Key! This website and the other Services (as defined below) are brought to you (“User” or “You”) by Design by Educators, Inc., a Delaware corporation (“Quick Key” or “We”). The term “Services” refers to all applications, technology websites, content, products and services, whether web-based or mobile, including Our products called Quick Key Pro and/or Quick Key Pro Site. All use of the Services is subject to the these Terms of Use (“Terms”) BY USING OUR SERVICES, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THE PRIVACY POLICY AND ASSENT AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OR THE PRIVACY POLICY GOVERNING THE SERVICES, YOU MAY NOT USE THE SERVICES. BY USING OR DOWNLOADING INFORMATION FROM THE SERVICES, YOU AGREE TO USE OUR SERVICES IN A MANNER CONSISTENT WITH ALL APPLICABLE LAWS AND REGULATIONS AND IN ACCORDANCE WITH THESE TERMS. Quick Key is concerned about the safety and privacy of all users, particularly children, of the Services. Please read Our Privacy Policy[1], which is incorporated by reference into these Terms.   IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE BE SURE TO READ THESE TERMS AND PRIVACY POLICY WITH YOUR PARENTS OR GUARDIAN AND ASK QUESTIONS ABOUT THINGS YOU DO NOT UNDERSTAND. PARENTS OR GUARDIANS: PLEASE BE SURE TO INFORM AND EXPLAIN TO YOUR CHILDREN UNDER THE AGE OF 18 THESE TERMS. Subject to Your compliance with these Terms, Quick Key hereby grants to You, subject to these Terms, a personal, revocable, non-exclusive, non-assignable, and non-transferable license to access and use and the Services, and to download, install and use the Mobile Application in connection with the Services, for personal and non-commercial use only. You agree not to reverse engineer, duplicate, publish, modify, or otherwise any of Our software products or services, or to distribute the materials on the Services. Any rights not expressly granted herein are reserved by Quick Key and its licensors. You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Quick Key does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. We do not guarantee the accuracy or completeness of any information or content. You agree to evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. Regular backups of all data are recommended. We are not responsible for lost, corrupted, or misplaced data of any kind. As a condition of Your use of the Services, You warrant to Quick Key that You will not use the Services for any purpose that is unlawful or prohibited by the Terms. You agree not to use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You agree not to obtain or attempt to obtain through the Services any materials or information not intentionally made available to You through the Services. Quick Key reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any of the Services, or any part thereof, with or without notice. You agree that Quick Key will not be liable to You or any third party for any such modification, suspension or discontinuation. The Service may provide links to third party websites or resources. We do not control such websites and resources. Therefore, You acknowledge and agree that Quick Key is not responsible or liable for the content, products or performance of such third party websites and resources, and You hereby irrevocably waive any claim against Quick Key with respect to such websites and resources. Quick Key reserves the right to terminate any link at any time without notice. The inclusion of a link to such another website or resource does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by Quick Key of that website or resource, or any products or services provided therein. You are responsible for reviewing any terms of use and privacy policy of any linked third party website before providing any information to that website or using its products and services. The Services and all rights therein are and shall remain Quick Key’s property or the property of Our licensors. Neither these Terms nor Your use of the Services convey or grant to You any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Our company names, logos, product and service names, trademarks or services marks or those of Our licensor. Any permitted use of Our trademarks by You shall be to the benefit of Quick Key. Quick Key always welcomes suggestions and comments regarding the Services from Users. Any comments or suggestions submitted to the Services or Quick Key, either online or offline, will become Quick Key’s property upon their submission.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
  1. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QUICK KEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. QUICK KEY MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED.
  3. ANY MATERIAL UPLOADED/DOWNLOADED OR OTHERWISE OBTAINED, FROM THE SERVICES ARE DONE AT YOUR OWN DISCRETION AND RISK; QUICK KEY SHALL NOT BE LIABLE, AND YOU WILL BE SOLELY RESPONSIBLE, FOR ANY AND ALL LOSS, OR CORRUPTION, OF DATA UPLOADED OR INPUTTED BY YOU THROUGH THE USE OF THE SERVICES, AND ALL SERVICING, REPAIR, OR CORRECTION AND ANY DAMAGE TO YOUR HARDWARE AND SOFTWARE THAT MAY RESULT FROM THE USE OF THE SERVICES.
    IN NO EVENT SHALL QUICK KEY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR THE USE OR THE INABILITY TO USE THE SERVICES; (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 SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. QUICK SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. 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 THE ABOVE MAY NOT APPLY TO YOU.   You agree that any license purchased by You will be used by only one individual for the life of the license. You agree that the email address and password used to identify the single user of each license will not be distributed to anybody other than the one intended user of any license. You agree to indemnify and hold Quick Key and its subsidiaries, affiliates, officers, agents, directors, licensors, contractors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the Services, Your connection to the Services, Your violation of these Terms, or Your violation of any applicable law or of any rights of another User. The Terms constitute the entire agreement between You and Quick Key, govern Your use of the Services, and supersede any prior agreements between You and Quick Key concerning the Services. You also may be subject to additional terms and conditions that may apply when You use affiliated services, third-party content or third-party software. These Terms and the relationship between You and Quick Key will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Quick Key agree to submit to the personal and exclusive jurisdiction of the courts located within Suffolk County in the Commonwealth of Massachusetts. The failure of Quick Key to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these 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 these Terms 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 Services or these Terms must be filed within six (6) months after such claim or cause of action arose or be forever barred. The Terms may be revised from time to time through an updated posting, and therefore You should check the Terms periodically. Revisions are effective upon posting and Your continued use of the Services following the posting of revisions to the Terms will indicate Your acceptance of such revisions. You may not assign these Terms without Our prior written approval. Quick Key may assign these Terms without Your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Quick Key’s equity, business or assets; or (iii) a successor by merger. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Quick Key in writing. If You have any questions concerning the Terms, please Contact Us.[2] [1] http://qk.ronbassett.com/privacy-policy/ [2] send email to info@quickkeyapp.com or call (800) 980-1636