QuoteServer User Agreement
In this User Agreement:
“Asiga” is the company identified as the provider of the services rended under this agreement.
“QuoteServer” means the quoteserver.com website and any related service or tool.
“OrdersPage” means the orderspage.com website and any related service or tool.
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Introduction
Welcome to QuoteServer by Asiga. By using the QuoteServer services, you agree to the following terms with Asiga. If you have any questions, please refer to our help section.
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Scope
Before using the QuoteServer services, you must read and accept all of the terms in, and linked to, this User Agreement (“Agreement”). By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use the QuoteServer services, or when you use the tools we make available to interact with the QuoteServer services.
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Using QuoteServer
While using the QuoteServer services, you will not:
- infringe any laws, third party rights or our policies;
- circumvent or manipulate our fee structure, the billing process, or fees owed to Asiga;
- post false, inaccurate, misleading, defamatory or offensive content;
- use the services for fraud or criminal activities;
- transfer your QuoteServer account to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- copy, modify or distribute rights or content from the QuoteServer services or Asiga’s copyrights and trademarks.
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Responsible use of QuoteServer
QuoteServer is provided to deliver electronic services on behalf of our users. Asiga takes no responsibility for the content that users list or generate on the quoteserver.com or orderspage.com websites; or the payment terms and contracts formed between our users and their customers. Asiga will investigate any cases of fraud or misrepresentation enacted via our websites and may terminate usage of our services and/or report the matter to law enforcement agencies.
Asiga works to ensure that QuoteServer users do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify Asiga and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to the QuoteServer services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to the circumvention of paying legitimate usage fees to Asiga), or for any other reason at our sole discretion. Additionally, we may, in appropriate circumstances and at our reasonable discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue QuoteServer services.
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Fees and Services
Joining and configuring a QuoteServer service is free. We charge fees for using our services to generate orders for users’ businesses. When you offer a product or service that has a fee and a third party places an order for that product or service, you will be charged based on our fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the quoteserver.com site.
Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel.). Failure to pay fees owed may result in suspension or cancellation of your service and possible loss of data held on our servers.
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Content
When you upload content to our websites, including your trademarks and logos, you are doing so with the express intention that Asiga will display your content for commercial reasons and will generate orders for your business activities. In providing our services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
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Limitation of Liability
While we strive to maintain a safe commerce environment you accept that there are unfortunately sometimes risks when trading online and using our sites, including dealing with underage or fraudulent persons. Asiga is not responsible for users' content, actions or inactions, products or services they list. You acknowledge that we are not a vendor. Instead, our sites are venues to allow anyone to offer and sell products and services, at anytime, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
When you enter into a transaction you create a legally binding contract with another user. You must ensure that you comply with your obligations to that other user and are aware of any laws relevant to you as a buyer or seller. If a user breaches any obligation to you, you – not Asiga – are responsible for enforcing any rights that you may have.
You alone, and not Asiga, are responsible for ensuring that your products and services and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in your own jurisdiction and other countries. You must also ensure that you strictly comply with this Agreement and the policies which form part of the Agreement.
We do not take ownership of the products or services at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the QuoteServer services, and their operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.
We are not liable for any loss of information, money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the QuoteServer services.
To the extent that Asiga is able to limit the remedies available under this Agreement, Asiga expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
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Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint venturers and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
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Breach
Without limiting other remedies available to Asiga at law, in equity or under this Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), issue you a warning, restrict your activities through our site, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:
- you have, or we believe that you have, breached this Agreement, which includes any of our Policies in any way;
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
- if we reasonably believe that any of your information is inappropriate or of an offensive nature.
For security, confidentiality and privacy reasons, we are not obligated to provide you or other members the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.
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Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Asiga services for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
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Listing Conditions
By listing products or services on Asiga’s sites, you agree to pay Asiga’s fees on any orders received and assume full responsibility for the content of the listing and product or services offered.
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Closing Your Account
You may close your account at any time, subject to paying any outstanding fees owing on the account.
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Privacy
We do not provide your personal information to third parties for their marketing purposes. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to your information being stored or used in this way please do not use our services.
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Indemnity
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Asiga services.
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No Agency
Asiga is not your agent for any purpose in relation to this Agreement or your use of the Asiga services.
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General
Asiga’s International help desk is located at 155N Riverview Drive, Anaheim Hills, CA, 92808, USA.
If any provision of this Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this Agreement to another entity. Headings are for reference purposes only and do not form part of this Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.
We may amend this Agreement at any time by posting the amended terms on asiga.com or quoteserver.com and by notifying you through the email address provided in your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account.
This Agreement contains the entire understanding and agreement between you and Asiga. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity.