These Q Technologies Incorporated Terms of Service (this "Agreement") apply to your access or use of the websites, mobile sites, mobile applications, cloud services, and applications (collectively, "Q") and the content, features, and services (the "Services") made available by Q Technologies Incorporated. This Agreement also applies to your use of any third-party services used by Q related to the use of Q services, including, but not limited to, the use of internet services, SMS/Text messaging, and retail service providers websites and/or services.
In this Agreement, "Q" and “we” mean the Q Technologies Company that is providing the Services to you. The terms "User" and "you" mean any user of the Services. This Agreement incorporates Q’s standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the "Q Policies").
Q Services is a system of connected technologies that enable users easier access to retail services. Primarily, the technology enables users to determine real-time availability of services, such as table availability at restaurants, and book or hold a position in queue for such retail services. The purpose of the Q Service is to aid in convenience and save time for users desiring retail services.
2. Ownership. Q is owned and operated by Q Technologies Incorporated. All right, title and interest in and to all user activity and data, other services provided on Q Waitlist Guest App and any software related to Q, including but not limited to any intellectual property, content, processes, functions, information, documents, logos, videos, graphics, sounds and images (the "Services") are owned or licensed either by us or by our respective third party providers, developers or vendors. The Services are protected under applicable international copyright, patent, trademark and other intellectual property laws. You acknowledge and agree that the Services contain proprietary and confidential information that is the property of Q Technologies Incorporated and its licensors and is protected by applicable intellectual property and other laws. No rights or title to any proprietary information used in connection with Services is provided, transferred or assigned to you. You further acknowledge and agree that any party that provides intellectual property to Q Technologies Incorporated retain all rights with respect to any of their respective intellectual property, and no rights in such materials are transferred or assigned to you. Except as expressly authorized by Q Technologies Incorporated, you agree not to modify, copy, reproduce, republish, upload, display, post, transmit, distribute, or create derivative works based in any way on Services from Q, including code and software, and nothing on the Q systems shall be construed to confer any license under any of Q’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Q Technologies Incorporated.
3. Limited Permission. Subject to this Terms of Service, Q hereby grants you a non-exclusive, non-transferable, revocable license to personally use Q Systems, in object code form only, solely to support your permitted use of the Services as described in this Terms of Service. Q may suspend or terminate your ability to use all or any element of the Services effective immediately, without notice or explanation. Without limiting the generality of the forgoing, this permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any Services you have in your possession. Any unauthorized use of any Services may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
4. Reviews, Comments, Communications, and Other User Content. Subject to this Terms of Service, Q hereby grants you a non-exclusive, non-transferable, revocable license to personally use Q Systems, in object code form only, solely to support your permitted use of the Services as described in this Terms of Service. Q may suspend or terminate your ability to use all or any element of the Services effective immediately, without notice or explanation. Without limiting the generality of the forgoing, this permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Service. On any such termination, you agree to immediately destroy any Services you have in your possession. Any unauthorized use of any Services may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on Q Waitlist Guest App;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) 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.
Our Copyright Agent for notice of claims of copyright infringement can be reached at email@example.com. We require all of the information above in order to take action.
5. No Warranty. Q TECHNOLOGIES INCORPORATED AND ALL SERVICES PROVIDED ON OR THROUGH YOUR USE OF Q ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, Q HOST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Q MAKES NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY Q, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICES, AND ANY INFORMATION OR SERVICE PROVIDED BY Q, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF Q WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY Q WILL BE CORRECTED. USER ACKNOWLEDGES THAT Q TECHNOLOGIES INCORPORATED MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME. USING SERVICES OF Q IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. Q TECHNOLOGIES SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR PHONE DEVICE, COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE USE OF Q SERVICES.
6. Limitation of Liability. IN NO EVENT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL Q TECHNOLOGIES INCORPORATED, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DAMAGE TO PROPERTY, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE Q WAITLIST GUEST APP OR SERVICES AVAILABLE FROM Q TECHNOLOGIES INCORPORATED, EVEN IF Q TECHNOLOGIES INCORPORATED HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR ARISING FROM YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR THIRD PARTY IN CONNECTION WITH THE SERVICES. Q TECHNOLOGIES INCORPORATED IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT. IF YOUR USE OF Q WAITLIST GUEST APP RESULTS IN ANY DAMAGES OR THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF Q TECHNOLOGIES INCORPORATED TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER STATE LAWS. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Q TECHNOLOGIES INCORPORATED AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Q TECHNOLOGIES INCORPORATED FOR THE USE OF Q OR ANY SERVICES IT PROVIDES.
7. Indemnification. You agree to defend, indemnify and hold harmless Q Technologies Incorporated, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of Q Services, including without limitation, your interactions with consumers, other restaurants, and Third Party Websites.
8. Compliance with Intellectual Property Laws. When accessing Q Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using Q. If you believe that any content on Q is infringing on your copyright, you may seek the removal of such content by providing notice to us in accordance with the Notice and Take Down provisions of the DMCA as described above.
9. Use of name. Q communicates your location, party information, including your phone number, to the retail services upon adding your name, party, company or organization name, or other pseudo name, and any notes or requests associated with your name used in your retail service request. By acceptance of this Agreement, you hereby grant use of name within Q, and its appearance on the restaurant Q device, and indemnify, hold harmless the Company for any misuse of this information by the retail service, competitors or other entities. By providing such provisions in Use of Name, you hereby grant the Q a license to use, distribute, your name and party information solely in association with use of the Q Services.
10. Text messaging and notifications. By use of the Q, you agree or opt-in to receive recurring text/SMS messages associated with the Q services. Q Service messages may have MULTIPLE MESSAGES sent to you during the course of your Q Service request for retail services. MESSAGE AND DATA RATES MAY APPLY and you are responsible for all fees associated with send or receiving messages related to your use of the Q Waitlist Guest App. You can cancel the SMS service at any time. Just text "STOP" to XXXXX. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. a. If at any time you forget what keywords are supported, just text "HELP" to XXXXX After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Q Waitlist Guest App follows best practices in message deliver and services, however it cannot guarantee delivery of text/SMS messages. The following is a list of Participating carriers used by Q Waitlist Guest App: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. Delivery: CARRIERS ARE NOT LIABLE FOR ANY DELAYED OR UNDELIVERED MESSAGES. Message Frequency: Text/SMS messages and/or notifications will be received as associated with being on an active waitlist. For example, you may receive messages confirming you are on the list at the restaurant, messages of any changes in wait time, messages if you have missed your check-in time, and messages if you have been removed from the wait list. After your initial use of the Q Waitlist Guest App, from time to time, you may also receive text/SMS messages or notifications related to discounts, coupons, closures, or new retails services utilizing Q in your area. You may also receive text messages or notifications from others in your party confirming they are joining the waitlist with you. During the time your party is on an active waitlist, you should expect to receive one to three text/SMS messages related to your current progress on the waitlist.
11. Inappropriate Content. When using Q, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (a) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate or delete such material from its servers. Q Technologies Incorporated will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Service or of any applicable laws.
12. Children. Minors are not eligible to use Q and we ask that they do not submit any information to us. Q is not intended for any children under the age of 13. We do not knowingly collect any information from anyone who is under 13 years of age. If we become aware that any individual under the age of 13 has provided us with information, we will take steps to remove such information and terminate the child’s account. If you are informed that your child has provided us with information without your consent, please contact us at firstname.lastname@example.org.
13. Governing Law; Venue. . By using Q, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Washington, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of Q shall be instituted in a state or federal court located in Seattle, Washington. You and Q Technologies Incorporated agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
14. Copyright. All Q design, text, graphics, the selection and arrangement thereof, Copyright © 2015, Q Technologies Incorporated ALL RIGHTS RESERVED.
15. Trademarks. All images, text, logos, custom graphics and icons are service marks, trademarks and/or trade dress of Q.
16. Acknowledgement. BY USING Q YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
17. Contact. If you have any questions about these Terms of Service or your dealings with Q, you can contact us at email@example.com.