Terms and Conditions
1. Access to your FleaQuest Account
Subject to the terms and conditions of this Agreement, the Service is solely for User's personal use. As used herein, "User" includes FleaQuest's paying customers ("Customers"). This Agreement sets forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customer-specific terms/conditions shall control.
FleaQuest may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. FleaQuest may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to FleaQuest that if User is an individual (i.e., not a corporation), User is at least 13 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Service; (iii) rent, lease, or use the Service for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Service. As between the parties, Company shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof.
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. FleaQuest reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any FleaQuest server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or FleaQuest's systems or networks, or any systems or networks connected to the Service or to FleaQuest.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not use the Service or any content for any purpose that is unlawful or prohibited by this Agreement.
3. Fees and Payment
Optional paid services are available on the Website. By selecting a paid service you agree to pay FleaQuest the subscription fees as indicated for that service. A valid credit card is required for paid service. The paid service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused. In order to treat everyone equally, no exceptions will be made. Additionally, downgrading your paid service may cause the loss of content, features, or capacity of your account. FleaQuest LLC does not accept any liability for such loss.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your paid service at any time by logging in to to your paid service account. If you cancel the paid service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
FleaQuest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the paid service (or any part thereof) with or without notice. Prices of all paid services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the FleaQuest Site or by email notification. FleaQuest shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the paid service.
FleaQuest, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the paid service, or any other FleaQuest services, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. FleaQuest reserves the right to refuse service to anyone for any reason at any time.
4. Registration; Security.
As a condition to using certain products and services of the Service, User may be required to register with FleaQuest and select a password. User shall provide FleaQuest with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. FleaQuest reserves the right to refuse registration of, or cancel a FleaQuest User in its discretion. User shall be responsible for maintaining the confidentiality of User's FleaQuest password and other account information.
FleaQuest may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your FleaQuest account (if you have one), you may simply discontinue using the Website. If you have a paid account, such account can be terminated by FleaQuest at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
User agrees that all content and materials delivered via the Service or otherwise made available by FleaQuest at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by FleaQuest in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at this Site for User's own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of FleaQuest.
FleaQuest reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. FleaQuest may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
If User is a Customer, FleaQuest makes the following warranty to Customer: FleaQuest shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services in a professional and workmanlike manner that is free of defects. Customer's sole remedy, and FleaQuest's exclusive liability, for defects in the Service shall be for FleaQuest to use commercially reasonable efforts to promptly correct such defects.
Customer represents and warrants that: (i) with respect to all information it provides to FleaQuest, Customer has the full right and authority to make such provision and to allow FleaQuest to use such information to provide the Service (including, without limitation, for FleaQuest to provide such information to its data providers), (ii) none of the content transmitted, uploaded or otherwise distributed by it (or its partners or any third party) through use of the Service will infringe or otherwise conflict with the rights of any third party.
9. Warranty Disclaimer
The Website is provided "as is". FleaQuest and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither FleaQuest nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
In no event will FleaQuest, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FleaQuest under this agreement during the twelve (12) month period prior to the cause of action. FleaQuest shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FleaQuest or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of FleaQuest and protected by United States. and international copyright laws. All software used on (or provided through) the Site is the property of FleaQuest or its software suppliers and protected by United States and international copyright laws.
You agree to indemnify and hold harmless FleaQuest, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.