Version Date: January 10, 2011
Acceptance of Terms
Changes to Terms and Conditions
Description of Services
IQTELL is a web application for managing and organizing many of your daily tasks, such as email consolidation, contacts, documents, tasks, favorites, online shopping, travel, and much more (the “Service” and/or “Software”). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. IQTELL disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. IQTELL also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You agree to provide true, accurate, current, and complete information about yourself as prompted by any registration form for the Site, Services, or the Software (such information being the “Registration Data”), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Services, the Site, or the Software.
Changes to IQTELL Services
We may discontinue and/or modify any service and/or feature at any time with or without notice.
Fees and Payments
IQTELL is a free service while in beta. Once IQTELL launches the product, certain monthly subscription fees may be required to continue to use the service. At which point and unless otherwise stated, all charges will not be refundable. On your every purchase from IQTELL, you affirm that you will be responsible for such charges, even if you decide to cancel or terminate your membership. In case of a Charge-back Request from our Merchant bank, we reserve the right to immediately interrupt the service provided to you until the Charge-back Request has been formally settled between IQTELL and the Merchant Service Authority. This process may take more than a few weeks. If you are disputing any billing issues, IQTELL encourages you to first contact IQTELL Support to resolve such issues to avoid having the service for your account be interrupted on notification of a Charge-back. IQTELL maintains the right to reject any service to you while a Charge-back Notice is pending investigation by the Merchant Service Authority.
The Service is made available to you for your personal use only. Due to the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. IQTELL reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by IQTELL; (ii) upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. IQTELL reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
You acknowledge that IQTELL may establish general practices and limits concerning use of the IQTELL Services, including without limitation the maximum number of days that content, such as email messages, and any other content that you may enter in your IQTELL account will be retained by the IQTELL, the maximum number of email messages that may be sent from or received by an account on the IQTELL Services, the maximum disk space that will be allotted on IQTELL’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the IQTELL Services in a given period of time. You agree that IQTELL has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the IQTELL Services. You acknowledge that IQTELL reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that IQTELL reserves the right to modify these general practices and limits from time to time.
Subject to the terms of this Agreement, we grant to you a limited, personal, non-exclusive, non-transferable license to use IQTELL software and service on an unlimited number of personal computers solely to use the service to the extent you have the right to access the service. Your right to access the service will be limited by the terms of this Agreement. Except for this license granted to you, we retain all right, title, and interest in and to the Software, including all related intellectual property rights. The software is protected by applicable intellectual property laws, including United States copyright law and international treaties. Except as otherwise explicitly provided in this Agreement or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Software; (b) rent, lease, or sublicense the software; nor (c) circumvent or disable any security or technological features or measures in the software. When you post Public Content, you hereby grant (or warrant that the owner of the Content grants) us a royalty-free, perpetual, irrevocable, fully sublicensable, worldwide, non-exclusive right to use, reproduce, modify, translate, adapt, publish, create derivative works of, transmit, distribute, perform, display, delete (in whole or in part), and incorporate the Public Content for any purpose and without acknowledgement to you. By posting or providing Public Content, you represent and warrant that public posting and use of your Public Content by us will not infringe on or violate the rights of any third party.
Content of the Service
IQTELL takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does IQTELL have any obligation to monitor such third party content. Third party content shall include, but not limited to: content by users, advertisers, partners, and affiliates. IQTELL reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. IQTELL also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of IQTELL, its users and the public. IQTELL will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Your correspondence or business 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 IQTELL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
IQTELL may provide, or third parties may provide, links to other World Wide Web sites or resources. Because IQTELL has no control over such sites and resources, you acknowledge and agree that IQTELL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that IQTELL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. IQTELL 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.
- ANY MATERIAL DOWNLOADED OR OTHERWISE 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.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IQTELL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IQTELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE IQTELL SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IQTELL SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE IQTELL SERVICE.
You agree to indemnify and hold IQTELL, 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, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
Choice of Law
You and IQTELL each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Jersey without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and IQTELL, shall be brought exclusively in the courts in the state of New Jersey. You and IQTELL agree to submit to the personal jurisdiction of the courts located within the any county in New Jersey or any Federal District Courts in New Jersey, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Severability and Integration
The failure of IQTELL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
You agree that IQTELL, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, or if IQTELL believes that you have violated or acted inconsistently with the letter or spirit of the TOS. IQTELL 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 this TOS may be effected without prior notice, and acknowledge and agree that IQTELL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that IQTELL shall not be liable to you or any third-party for any termination of your access to the Service. In case you would like to cancel your account you are solely responsible for properly doing so. An email or phone request to cancel your account is not considered cancellation. You can cancel your Free account by following the online instructions for account cancellation. All of your Content may be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.
IQTELL reserves the right not to terminate your account.
The Site, Software and Services may include mobile features that allow you to access information in your account from your mobile phone. IQTELL does not charge for use of these features, but your mobile service provider may do so.
From time to time, IQTELL may post, publish, distribute, present for download or otherwise make available Beta versions or portions of its Site, Service or Software (“Beta Software”) for public use. Beta Software may be identified as Beta, Beta 2 or Public Beta in the Site, Service or Software. Beta Software is available to the public for testing and evaluating purposes as part of the software development process. As a user of Beta Software you are encouraged, but not required, to identify potential errors and improvements (“Feedback”). You hereby grant IQTELL the unrestricted right to use your Feedback, including the right to use your Feedback to improve the Software, Site or Service and to create other products and services. There are risks associated with using Beta Software. Beta Software has not yet been tested like other commercially released software that you may use. Therefore, it is likely that the Software will contain errors, including errors that may cause the Software or your computer to malfunction or cause a loss of data. If you do not wish to accept these risks, please do not install or use the IQTELL. Furthermore, IQTELL is not obligated to correct errors or correct the effects of errors (e.g., fix your computer or recover lost data) or provide any technical support related to use of Beta Software.