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Welcome to the myQGS sites.
Please review this user agreement carefully.
I. INTRODUCTION:
http://www.myQGS.com is owned by and/or operated by or on behalf of QGS. In order to use our Site, you must agree to our Terms of Use.
If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications, you can contact us at: support@myQGS.com.
II. THESE TERMS OF USE ARE ORGANIZED AS FOLLOWS :
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QGS ( "us" or "our") operates this website, http://www.myQGS.com, the mobile and touch versions and any individual sites or merchant-specific, city-specific, or other area-specific sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the "Microsites") will be collectively referred to as the "Site" in these Terms of Use.
By using our Site and QGS' services through the Site, you agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement").
"If you do not agree to the terms of this agreement, immediately stop accessing the site and do not use any QGS service offered through the site."
Notes: The term "you" refers to the person accessing or using the Site or our Services, or the company or organization on whose behalf that person accesses the Site or our Services.
These Terms of Use cover your use of the Services, including, but not limited to, the process by which you may schedule and manage an appointment through the Services with a business using the Services (a "myQGS Business"), and write and submit reviews or give other feedback, and you agree that these Terms of Use apply to your use of the Services. Also, you can buy Promotions through our services. By using the Services, you also consent and agree to the terms of the QGS Privacy Policy, and all other QGS legal policies, available on this website.
The Site provides an interactive online service operated by QGS, consisting primarily of promotion and marketing services on behalf of certain merchants ("Merchants") making promotions for Merchant goods and services ("Promotions") available to its users. Promotions may be purchased by myQGS account holders and exchanged for goods and services from the issuing Merchants or other parties identified in the terms of the offer and subject to the Terms of Sale set forth below. As a condition of your use of this Site, you agree that:
- You are an individual person at least 18 years of age.
- You possess the authority to create a binding legal obligation.
- Your use of this Site will at all times comply with the terms of this Agreement.
If you elect to create an account:
- You may create only one account for your personal use.
- You may only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers.
- You may only make purchases on the Site for your own use and enjoyment, or, when offered, as a gift for another.
- You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.
You acknowledge that there may be interrupted in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. QGS retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
The content and information on http://www.myQGS.com as well as the infrastructure used to provide both, is proprietary to us or our Merchants and other partners. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.
6. TRANSMISSION OF INFORMATION
Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with myQGS and the Site while it is being transmitted. In addition, QGS is not responsible for any data lost during transmission.
You understand that your use of the Services is free of charge. myQGS reserves the right, at any time and at its discretion, to change the pricing structure and any pricing terms. Any changes will be posted on the myQGS website and will be effective immediately.
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies.
"Please do not engage in any of the following activities, they are prohibited on the Site and constitute express violations of this Agreement"
- Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your myQGS account or in order to create multiple myQGS accounts.
- Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.
- Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization.
- Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by myQGS.
- Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site.
- Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with myQGS.
- Reselling or repurposing your access to the Site or any purchases made through the Site.
- Using the Site or any of its resources to solicit Site End Users, Merchants or other business partners of myQGS to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with myQGS, including without limitation, aggregating current or previously offered deals.
- Using any End User or Merchant information from the Site for any commercial purpose, including, but not limited to, marketing.
- Exceeding or attempting to exceed quantity limits when purchasing coupons or otherwise using any myQGS account to purchase coupons for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site.
- Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
- Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
- Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion).
- Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
- Deep-linking to any portion of this Site (including, without limitation, the purchase path for any coupon) without our express written permission.
- Acting illegally or maliciously against the business interests or reputation of myQGS, our Merchants or our services.
- Hyperlinking to the Site from any other website without our initial and ongoing consent.
9. CREATING AN ACCOUNT ON OUR SITE
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person.
If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed coupons in your account.
If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you.
If you commit fraud or falsify information in connection with your use of the Site or in connection with your myQGS account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
To schedule an appointment through the Services, you must input the required information as requested through the appointment-scheduling process. You agree that any information you provide when scheduling an appointment, creating an account or profile, or at any time thereafter is true, accurate and complete and that, where applicable, you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use.
You agree that any credit card information you provide through the Services is valid and that you have authority to authorize payments from such credit card.
Once an appointment has been scheduled through the Services, you agree to contact the myQGS Business with whom you made the appointment directly regarding any questions you may have about your appointment, and for any changes or cancellations you may need to make regarding your appointment.
Coupons you purchase through our Site as a myQGS account holder are special promotional offers that you purchase from participating Merchants through our service. The coupons are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the coupon. The Merchant is solely responsible for redeeming the coupon. The Merchant is the issuer of the promotions and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a promotions or not. You waive and release myQGS and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a promotions or the services/goods it provides in connection with it.
By purchasing any promotions you agree to the terms of this Agreement and these Terms of Sale. By purchasing, viewing a mobile version, printing, accepting, using or attempting to use any coupon, you agree to these Terms of Sale specifically ("rules") the terms on the promotions itself and any additional, deal specific terms advertising the promotions at the time of purchase (collectively, the "fine print" regardless of how labeled). These rules apply to all promotional coupons that we make available, unless a particular coupon's fine print states otherwise, and except as otherwise required by law. In the event of a conflict between these rules and a coupon's fine print, the coupon's fine print will control.
myQGS is a service provider for the Merchant identified on the promotions and the Merchant is the sole issuer of the coupon. Coupons have two separate values: (a) the "amount paid" and (b) the promotional value. The "promotional value" is the additional value beyond the amount paid. Together, the amount paid and the promotional value equals the "full offer value" of the coupon. For example, if you pay $20 for a promotions that gets you $50 of goods or services from a Merchant, the full offer value is $50, the amount paid is $20 (this amount does not expire until it is used or is refunded), and the promotional value is $30 (this amount expires on the date stated on the promotions unless expiration of the promotional value is prohibited by law).
If a Merchant or venue refuses to honor any coupon, myQGS will refund the amount paid upon request in the original form of payment. Need a refund or have a question?
Email myQGS at support@myQGS.com or call +1 (206) 696-8734
Coupons are not redeemable for cash, unless required by law. Unauthorized reproduction, resale, modification or trade of coupons is prohibited.
For more information visit our Site and read our FAQ
myQGS reserves the right to contact you from time to time for feedback about the Services, including feedback and reviews regarding the myQGS Business with which you have scheduled an appointment, and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the myQGS websites. Notices will be deemed effective at the time they are sent by myQGS or as of date they are posted, regardless of whether you actually read any such notices. You also consent to being contacted by any myQGS Business with whom you schedule an appointment, for purposes of confirming your appointment or for other reasons relating to your appointment. Any such myQGS Business may contact you through any of the means you provided during the scheduling process, such as via your telephone number or email address.
You consent that any emails, surveys, reviews, other information or feedback you provide to myQGS through the Services or via any other medium, except for Personally Identifiable Information, as defined in the myQGS Privacy Policy, can be used by myQGS in any manner, including but not limited to for reviews, testimonials and ratings on myQGS or third party websites.
myQGS grants to you a personal license to access and use the Services in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services, in whole or in part. myQGS reserves all rights not expressly granted in these Terms of Use.
You are responsible for your use of the Service and you agree that this use will be at your own risk.
myQGS retains all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the "myQGS Intellectual Property") that are the exclusive property of myQGS and/or its licensors. We do not transfer any rights in or to the myQGS Intellectual Property to you.
Content of the Services that incorporates or includes any of the myQGS Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of myQGS or the rightful owner, as applicable.
It is your responsibility to use the Services properly. If you cannot honor any appointment scheduled through the Services, you agree to promptly communicate such change to the myQGS Business with whom you made such appointment.
When using the Services you must comply with all export, re-export and import laws and restrictions, including U.S. export laws and regulations, to which the Services are subject.
You may not use the Services in any manner that is illegal or harmful to the Services. Among other restrictions, you agree that you shall not, nor shall you allow any third party to:
- Use the Services through unauthorized interfaces or protocols;
- Transmit information that infringes the rights of others or is abusive, pornographic, violent, racist, discriminatory, offensive, vulgar, obscene, defamatory, invasive of personal privacy, harassing, threatening, or otherwise objectionable;
- Translate, reverse-engineer, decompile, disassemble, modify, or make derivative works from the Services or Services software (accept as applicable law expressly permits);
- Remove, obscure or alter any notices or indications of rights in or to the myQGS Intellectual Property;
- Interfere with, or attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from any myQGS servers;
- Take any action that imposes an unreasonable or large load on our infrastructure;
- Upload invalid data, viruses, worms, or other harmful software to the Services;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services, unless expressly permitted by myQGS;
- Use the Services in a way that disables the Services or prevents or inhibits anyone from using the Services; or Impersonate any person or entity in order to use, or through use of, the Services.
myQGS believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Services, please notify myQGS's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner:
1. Identification of the copyrighted work that you claim has been infringed.
2. Identification of the material that is claimed to be infringing and where it is located on the myQGS website.
3. Information reasonably sufficient to permit myQGS to contact you, such as your address, telephone number, and e-mail address.
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
5. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
- Name:
- Attn:
- Tel:
- Fax:
Materials, including but not limited to text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by myQGS ("Content") or by other users of the Services ("User Submissions") to the Services website is owned by the party contributing such content. As a user of the Services, you are solely responsible for your own User Submissions. By transmitting your User Submissions, you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content.
In connection with your User Submissions, you agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
You shall retain all of your ownership rights in your User Submissions; however, by submitting material to myQGS, you grant myQGS the irrevocable, fully transferable rights to use, reproduce, distribute, modify, transmit, prepare derivative works of, display and produce the material in connection with the Services and myQGS's business, and to grant these rights to others. To the extent you do not have ownership rights to any of your User Submissions, you shall indemnify myQGS for any claim regarding myQGS's use of your User Submissions.
myQGS does not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential. When using the Services, you may be exposed to User Submissions from a variety of sources, and myQGS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable.
19. LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than myQGS during your use of the Services and on the myQGS website. myQGS does not control such websites and is not responsible for nor can guarantee the content of such websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the myQGS website does not imply any endorsement by myQGS of the material on such website or any association with their operators.
Upon termination of your use of the Services for any reason, all of your rights to access and use any and all parts of the Services shall immediately terminate. In the event of such termination, you agree to remove any and all Content from all of your hard drives and any other storage media and to destroy all copies of the Content in your possession.
myQGS is not responsible for providing assistance or support to you, including error corrections, upgrades, support, updates, bug fixes, enhancements, or other types of support. You agree that myQGS has no liability or responsibility for the storage or deletion of any User Submissions. myQGS reserves the right, but not the obligation, to remove any User Submissions at its discretion. We may monitor your use of the Services, to the extent permitted by law, to ensure compliance with these Terms of Use, satisfy legal requirements, or protect our rights and the right of others.
Your only remedy for any dispute with myQGS is to stop using the Services.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use and your use of the Services resides in the courts of the State and County of San Francisco and you agree also to submit to the personal jurisdiction of these courts for the purposes of litigating any such claim or action.
24. ENTIRE AGREEMENT / TRANSLATION / INTERPRETATION
These Terms of Use, other myQGS legal policies as posted on the myQGS websites, and any operating rules for the Services established by myQGS constitute the entire agreement between myQGS and you regarding your use of the Services. If any provision of these Terms of Use should be held illegal or unenforceable by a court with jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from these Terms of Use if no such modification is possible, and the other provisions of these Terms of Use shall remain in full force and effect. The section headings used are for convenience only and shall not be given any legal significance.
A lack of enforcement will not result in waiver of any term. Also, no waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent default.
The Services are provided "as is," "with all faults," and "as available." You agree that your use of the services shall be at your sole risk. myQGS does not guarantee that users will be able to access the Services at all times or places, that myQGS will have adequate capacity for all users, or that the services will be operable with your equipment.
To the fullest extent permitted by law, myQGS, its officers, directors, employees, and agents disclaim all warranties, express or implied,including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement.
myQGS makes no warranties or representations about the content of any web sites linked to the services. myQGS does not warrant, endorse, guarantee, or assume responsibility for any product or services provided, advertised or offered by a third party through the services or any linked web site or featured in any advertising, and myQGS will not be a party to or in any way be responsible for monitoring any transaction between you and any third party.
The Services are offered by myQGS from the United States of America. myQGS makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
In no event shall myQGS, its officers, directors, employees, or agents, be liable to you for any indirect, incidental, special, punitive, or consequential damages whatsoever resulting from:
- any errors, mistakes, or inaccuracies of services content.
- personal injury or property damage, of any nature whatsoever, resulting from your use of the services.
- any unauthorized access to or use of our servers and/or any and all personal information stored therein.
- any interruption or cessation of transmission to or from the services or interoperability problems.
- any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party
- any errors or omissions in any content
- user submissions or the defamatory, offensive, or illegal conduct of any third party
- your use, or inability to use, any portion of the services or for any loss or damage of any kind (including your data) incurred as a result of your use of the services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.