Terms of Use & Service Agreement

Terms of Use & Service Agreement

Introduction

Read these Terms of Use (the Agreement, Contract, or Terms of Use) thoroughly and carefully before signing up and using the services offered by QiKfunder, LLC (QiKfunder, We, or the Company). This Contract lays out the legally binding terms and conditions for your use of the website QiKfunder and all other sites owned and operated by QiKfunder, LLC that may or may not redirect to QiKfunder, all subdomains and services operated by the Company (The Website, Site, or Service). By using the Service, including, but not limited to, viewing or browsing the Website, adding content, information, photographs, videos, or any other material to the Site, you agree that you are bound by this Agreement.

We reserve the right to modify this agreement at any time without any prior notice. If this Contract is amended, the amendment will be noted at the top of this page and the last modified date included, as well. If you continue to use the Service after an amendment has been made, you agree to the new terms and conditions set forth in that amendment. If you do not agree with these Terms of Use, or any future amendments to these terms of use, do not use, access, or otherwise view the Website.

A - Summary of Service

QiKfunder is a crowd funding platform where Site users (Project creators) create projects to be funded by other users (Funders). By utilizing the website as well as email, newsletters, blog entries and other media, the Site makes available access to content including, but not limited to, videos, artwork, audio, data, text, graphics, drawings, software, photographs, text, trademarked and copyrighted information, and other material (Content). Project creators, Funders, and visitors to the Site have the ability to contribute, submit, enter, or add additional content to the Site.

B - Condition of Use

The use of the Service is subject to the acceptance of all terms of use outlined here as well as any rules, policies, or procedures that may be outlined elsewhere on the Site by QiKfunder. These Terms apply to every user of the Site.

QiKfunder reserves the right to discontinue the service for any reason at any time. The Company may suspend, change, alter, or otherwise modify any feature of the Site at any time. Any Content or feature may be affected by the aforementioned suspensions. We also reserve the right to restrict your access to certain features of the Site without notice or reason.

This Service is made available only to those individuals 18 years of age or older and of legal age in your jurisdiction. By using this Service, you maintain that you are at least 18 years of age or older, of legal age in your respective jurisdiction, and that all registration information you may enter is valid and truthful. By agreeing to these terms of use, you enter a binding contract. We reserve the right to request proof of age at any time without notice or reason. We also reserve the right to suspend your account and access to the Service until satisfactory proof of age is received by the Company. We may refuse service at our sole discretion to any person or entity and we may change the eligibility requirements at any time without notice or reason. This provision is void where prohibited by law and therefore, right to use or access the Service is revoked.

C - Rules and Conduct

By using the Service provided by QiKfunder, you promise to abide by all applicable laws and agree not to use the Service in any manner prohibited by QiKfunder. You and you alone are responsible for the actions taken on your account. You shall not allow the use of your account by anyone other than yourself. You shall use the Service for your own personal use; the Service is not intended for commercial use and shall not be used for such. You shall not submit any form of content, that:

  • 1. Infringes on any trademark, patent, trade secret, copyright, right of publicity, violates any law or contract, or any other right of any person or entity;
  • 2. You know to be false, deceiving, misleading, or otherwise incorrect;
  • 3. Is unlawful, harassing, abusive, defamatory, libelous, fraudulent, tortious, obscene, offensive, sexually explicit, invasive to another’s privacy, or otherwise inappropriate;
  • 4. Is considered unsolicited or unauthorized advertising, promotional material, or any junk mail, spam, chain letters, or any other spam like content;
  • 5. Contain software viruses, trojan horses, malware, worms, spyware, or any other computer code, files, or programs designed to inflict harm or to disrupt, damage, limit, interfere, infiltrate, or otherwise compromise the normal operation of any software, hardware, telecommunications equipment, cell phones, or any other system, or to breach any system, data, password, records, or other information of the Company or any third party in an attempt to obtain unauthorized access to the mentioned information;
  • 6. Made in breach of contract or duty to any other third party;
  • 7 Made under the impersonation of any person, company, or other entity, including any employee or partner of QiKfunder.

D - Registration

You do not have to register to view some of the content of the Site; however, to access certain features and services of the Site, registration is required. You shall be required to provide an email address, full name, and password in order to register and gain access to these features and services. You shall provide complete and accurate information that is up to date when registering to be a member. A failure to do so shall be interpreted as a breach of the Terms of Use and may result in the immediate and final termination of your account. You shall not enter a user ID, name, domain name, project name, or any other name that is (i) the name of another person in an attempt to impersonate said person; (ii) the property of another person or entity or subject to the rights of another person or entity without proper written consent or authorization; (iii) or is offensive, vulgar, obscene, or otherwise inappropriate as determined by the sole discretion of the Company. We reserve the right to cancel, terminate, or refuse the registration of a User ID, domain name, or project name at the Company’s sole discretion.

You are solely responsible for the activity that occurs on your account and you shall be responsible for maintaining the confidentiality and security of your password for the Site. You shall never use any other account other than your own without the account owner’s express written permission. You shall immediately notify QiKfunder in writing of any security breach including, but not limited to, unauthorized use of your account or anyone else’s account, and other account related security breaches. We will not be liable for any of your losses relating to any unauthorized access to your account; however, you will be liable for the losses of QiKfunder and any others relating to the unauthorized use of your account.

E - Project: Posting

By using the Services offered by QiKfunder, you may be given the opportunity to submit a project in order to elicit feedback and financial contributions from other users (Funders or Contributors). The content you submit is subject to all terms and conditions pertaining to content in this agreement. Posting a false or misleading project or posting false or misleading information in your project profile shall be considered a breach of this agreement and may result in the immediate and final termination, cancelation, or suspension of your project. Users posting a project on the Website may be referred to Project Creators, or just Creators.

By creating a project on the Site, you are offering the public an opportunity to enter into a contract with you. By funding or contributing to a project, the Funder or Contributor accepts the contract between himself or herself and the project creator. By accepting this Terms of Use Agreement and contributing to a project, you accept that offer and a contract solely between you and the creator of the project is formed. QiKfunder shall not be a party in that agreement between the project creator and the funder. All dealing and proceedings are solely between the project creator and the Contributor.

F - Project: Fundraising

By contributing to or creating a project on the Site, you agree to be bound by this entire Terms of Use Agreement, including the following:

  • Funders agree to provide payment information at the time they contribute to a project. The payment will be collected at or after the set project end date if and only if the total amount raised is at least equal to 50% of the total goal. The amount contributed will equal the amount charged.
  • By contributing to a project, you consent to QiKfunder and it’s payment partners authorizing or reserving a charge on your payment card or other payment method of any amount up to the full amount of your contribution at any time between the time that the contribution is made and the payment is collected.
  • By contributing to a project, you agree to have sufficient funds or credit to cover the full amount of your contribution to ensure that it will be collectible.
  • If you have contributed to a project, you may increase the amount of your contribution at any time up until the set completion deadline of the project.
  • If you have contributed to a project, you may cancel your contribution at any time up until 48 hours before the set project deadline.
  • There is no promised delivery date for any reward unless expressly stated in the project profile. Estimated delivery date is to be used as a best guess estimate and not a set guarantee of when you will receive your reward.
  • Project creators agree that they will make their best effort in good faith to fulfill rewards by the estimated delivery date.
  • For every project on the Site, QiKfunder gives the project creator the full name and contribution amount of each funder.
  • For every successful project, QiKfunder releases the email address and full name of the funder.
  • It is the responsibility of the Funder to respond to inquiries from project creators attempting to obtain needed information to fulfill rewards such as T-shirt sizes. If no response is received within 1 week, the creator will send a follow up email. If no response is received by the end of the second week, the funder may forfeit their reward at the sole discretion of the project creator.
  • It is the responsibility of the funder to check their provided email for such inquiries. This includes but is not limited to junk and spam folders.
  • QiKfunder does not offer refunds, nor will a project creator be required to grant a refund request unless they are unable to, or refuse to fulfill the reward.
  • Project creators must fulfill a funder’s reward or they are required to refund them.
  • A project creator may cancel or refund a funders contribution at any time for any reason and will not be required to fulfill the reward if they do so.
  • Occasionally there are declined payments and therefore We do not guarantee that the entire amount raised less all applicable fees will be received by the Project Creator.
  • Fees will be removed by QiKfunder and PayPal prior to the funds being transferred to the Project Creator.
  • We reserve the right to cancel any contribution at any time for any reason.
  • We reserve the right to cancel, suspend, reject, decline, remove, or interrupt any Project at any time for any reason without notice. QiKfunder is not liable for any damages that may occur from any of those actions. We may or may not, but are not required to, comment on the action taken.
  • A Project creator should not make any purchase or action dependent upon the receipt of funds raised by their project. No purchase should be made until the funds are in the Creators bank account and available to spend. Transfer of funds may take up to 10 business days. QiKfunder is not liable for any debt incurred or damage caused by the premature spending of funds.
  • If your project receives funds by submitting a project to QiKfunder, you agree to acknowledge QiKfunder by including our logo somewhere on your site (this may be in the “special thanks” or credits section).

You will be fully responsible for all applicable taxes for all money that you may receive through a project on our Site under this Agreement. You shall also be responsible for all compliance with labor and employment laws and requirements regarding your self employment, sole-proprietorship, partnership, corporation, etc. and regarding your employees and contractors, including, but not limited to, workers compensation, visa requirements, insurance requirements, etc. By accepting this Terms of Use Agreement you agree to indemnify, defend, and hold QiKfunder harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on QiKfunder by the relevant taxing authorities regarding any project funds paid to you.

In addition, QiKfunder shall not be held liable for any losses or damages in relation to any rewards or other use of the Service. We shall under no circumstances be obligated to become involved in any dispute between any User, or between any third party in connection with the service either directly or indirectly. This includes, but is not limited to the delivery of goods, rewards, or services, and any other terms, conditions, warranties expressed or implied, or representations associated with Projects on the Site. QiKfunder does not oversee or guarantee the performance of Projects, nor do We endorse or support any user submitted content. By accepting these Terms, you agree to release QiKfunder, its officers, employees, agents, partners, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, emerging out of or in any way related to such disputes and the Service.

G - Fees

QiKfunder is free to sign up. There are however fees charged for the use of certain services. If you choose to use a service that charges a fee, you must first review and accept the fee to be charged. Changes to fees will take place only after you have been given notice in the way of a posting on the Website. You are responsible for the payment of all fees and taxes related to the use of the Service.

We charge Project Creators fees based off of the percentage of their goal raised. This is referred to as the Sliding Scale Payment Method (it may also be referred to simply as the Sliding Scale, or Sliding Scale Method). The Sliding Scale works as follows:

  • The fee the Project Creator pays is based on the percentage of their goal raised.
  • The minimum percentage that must be raised in order to receive any funds is 50%.
  • The closer to 100% funding that is reached the lower the fee.
  • From 50% to 69% of the goal raised, an 8% fee will be charged.
  • From 70% to 79% of the goal raised, a 7% fee will be charged.
  • From 80% to 89% of the goal raised, a 6% fee will be charged.
  • From 90% to 99% of the goal raised, a 5% fee will be charged.
  • From 100% and up of the goal raised, a 4% fee will be charged.

A Project Creator must opt in or out of the Sliding Scale. If the Creator opts in, They agree to be bound by all terms of this Agreement, including obligations to fulfill rewards or offer refunds, regardless of the percentage of their goal raised. The Sliding Scale does not apply to Causes. Causes will be charged a flat 4% fee.

All payments are processed and collected by PayPal. We do not guarantee, nor are we responsible for the performance of PayPal™ or any of their partners. By accepting this Agreement, you acknowledge and agree that QiKfunder is not responsible for contribution transactions, including but not limited to, any personal or payment information provided by you to the processor.

Third Party Fees : PayPal™ charges around 3% for credit card processing. Amounts may be less depending on type of PayPal™ account.

Additionally, QiKfunder makes no guarantees or representations of the deductibility of any contribution for tax purposes.

H - Third-Party Websites, Advertisements, Resources, or Services

QiKfunder may contain links to third-party websites, advertisers, resources, or services that are not owned, nor under the control of QiKfunder. QiKfunder has no control over, nor do We assume any liability or responsibility for, the content, privacy policies, functions, appropriateness, legality, or any other aspect of those websites, services, resources, or advertisements. When you access any third-party website from QiKfunder, you do so at your own risk. You also acknowledge that this Agreement and QiKfunder’s Privacy Policy do not apply in any way to your use of such sites or services. You expressly relieve QiKfunder from any and all liability coming from your use of any third-party website, resource, service, or any other content owned by a third party. The inclusion of a third-party or any other website link does not imply any endorsement or affiliation with QiKfunder. You also agree that QiKfunder shall not be responsible in any way shape or form for losses or damages of any sort resulting from dealings related to any third-party. Your use of, dealings with, or participation in any third-party website or resource, including payments, delivery of goods or services, and any other term such as warranties or guarantees are solely between you and such third-parties found on QiKfunder. Under no circumstance shall QiKfunder be included in these dealings or be liable for any damages resulting from the use of any content, goods, or services related to such dealings.

I - License Grant

By your posting of any content on the Website, you hereby expressly grant, and do warrant that you have the authority to grant, to QiKfunder, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, publish, modify, reproduce, edit, translate, list information regarding, distribute, publicly perform, publicly display, make any derivative works of all such user content including, but not limited to, your voice and/or likeness as contained in your User Content, in whole or part, in any form, media, print, technology, etc. known now or hereafter developed for use in relation to or for the Service.

By using the Service, you agree that the Service contains content that may be protected by copyrights, trademarks, service marks, patents, trade secrets, and other applicable rights and laws. This protected content is provided by the Company, its Users, and its partners. You shall abide by all laws and regulations regarding any copyrights, trademarks, patents, or any other protections of any content accessed from the Site.

Subject to the terms of this Agreement, QiKfunder hereby grants you a worldwide, non-exclusive, non-sublicensable, non-transferable personal license to reproduce and use the content accessed on the Site, solely for personal and non-commercial use. Any use, reproduction, distribution, modification, or storage of the content for any reason other than personal, non-commercial use is strictly forbidden without the written permission of the Company or copyright holder. QiKfunder may terminate this license at any time for any reason.

J - Intellectual Property

User Content (also referred to as User Submissions) shall be defined as feedback, questions, comments, and any other information including project postings, posted by either project contributors or project creators. You are solely responsible for the content that you publish upload, display, link, or otherwise make available (here forth Post) on the Service, and you agree that We are acting only as a passive conduit for your online distribution and publication of your User Content. You agree that you are the owner, or have the permission from the owner(s) of all intellectual property rights of any content that you post on the Website.

All patents, trademarks, copyrights, trade secrets, moral and ethical rights, mask work rights, rights of publicity, trade dress, service rights, trade secret rights, or any other intellectual property rights that may be currently in existence or come into existence in the future shall be referred to as “Intellectual Property Rights.”

By submitting content in the way of User Submissions on the Site or through the Service, you hereby agree to the following terms:

  • You grant each User of the Site a non-exclusive, non-sublicensable, non-transferable personal license to reproduce, distribute, modify, store, and use your content accessed on the Site, solely for personal and non-commercial use.
  • You agree that your User Submissions shall not contain any third party content that is protected under any Intellectual Property Rights of any kind unless you have permission from the owner of said content or are otherwise legally entitled to submit such content. You further agree that in the even you do post content protected under an Intellectual Property Right that you grant QiKfunder all of the associated license rights.
  • You agree to pay any and all royalties, fees, and other amounts owed to any person or entity pertaining to your submission of any User Content to the Company’s Service or the Company’s publishing or hosting of any such Content.
  • You grant QiKfunder the right to edit, delete, modify, reformat, excerpt, translate, or change in any way your User Submissions.
  • All Information transmitted through the Site, whether it public or private, is the sole responsibility of the User from which the content originated.
  • We are not liable for any errors, omissions, or mistakes of any kind in any Content.
  • You acknowledge and understand that you may access User Content that is inaccurate, indecent, objectionable, or otherwise offensive. Furthermore, you agree that QiKfunder is not liable for any damages as a result of such Content.
  • You agree that publishing your User content to the Site is not a substitute for registering with the U.S. Copyright, Writers Guild of America, or any other rights organization.
  • We do not guarantee the identity of any User that you may interact with on the Service. We reserve the right, but are not obligated to, monitor any disputes between users
  • We are not responsible for any public display or misuse of your User Content
  • All Content accessed by you while on the Site is your sole responsibility. You shall be liable for any damages or loss to any party resulting from your accessing the Content.
  • You are posting your User Submission and therefore, you may be identified publicly by your name, User ID, Photograph, or other means in association with your User Submission.

You agree that any User Content that you post does not and will not infringe on any Intellectual Property Rights or any other third party rights. We reserve the right, but are not obligated to, reject or remove any User Content believed (at the sole discretion of QiKfunder) to violate the provisions set forth by this Agreement.

QiKfunder takes no responsibility, nor do We assume any liability for any user content that you or any third party posts, submits, or otherwise transmits through the Service. You understand and agree that any losses or damages of any kind resulting from you posting, sending, transmitting, uploading, downloading, displaying, viewing, streaming, or otherwise making available of any User Content on the Site is your sole responsibility.

K - Copyright Notice

If you believe that your copyrighted work has been infringed in any way, please contact QiKfunder’s copyright agent in writing. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), in order for your complaint to be valid, please ensure that it contains the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. A description of the copyrighted work that you claim has been infringed;
  3. The location of where the work you claim is infringing is located on the Site
  4. Your contact information, including your address, telephone number, and email address;
  5. A statement that you believe in good faith that the use of the material in question is not authorized by the copyright owner, its agent, or law; and
  6. A statement that the information provided by you is accurate and that you are the copyright owner or are authorized to act on behalf of the owner under penalty of perjury.

If you believe that your work has been removed in error, Please contact QiKfunder’s copyright agent in writing.

The procedure outlined above is intended to comply with QiKfunder’s rights and obligations under the DMCA and the U.S. Copyright Act, 17 U.S.C. 512(g)(3). This procedure does not in any way constitute legal advice. It is advisable that you consult an attorney regarding your rights and obligations under DMCA, the U.S. Copyright Act, and other applicable laws.

The above information must be submitted in writing to the designated DMCA agent below.

                    QiKfunder, LLC
                    Attn: Tom Guscinski, DMCA agent
                    166 N. Gay Street Set. 11
                    Auburn, Al 36830
                    Email: Copyright@QiKfunder.com

QiKfunder will terminate repeat infringers accounts if deemed necessary at the sole discretion of QiKfunder. We may also terminate the accounts of any User that infringes on any Intellectual Property Rights regardless of the number of occurrences.

L - Termination

The Company reserves the right to terminate your access to the Service at any time, without cause or reason. Any damages or losses resulting from the termination of your account are your sole responsibility. Any and all fees paid to the Company are nonrefundable. All provisions of this Terms of Use Agreement that should survive termination shall survive termination, including, but not limited to, without limitation, ownership provisions, indemnity, warranty disclaimers, and limitations of liability.

M - Warranty

The Service is provided “as is” and “as available” and is provided without any warrant of any kind, expressed or implied, including, but not limited to, implied warranties of non-infringement, ability to complete a project, fitness for a purpose, course of performance, warranties of merchantability. The mentioned warranties and all other warranties of any kind are expressly disclaimed and not provided by the Company. The Company, its employees, directors, subsidiaries, partners, agents, associates, content providers, suppliers, and affiliates do not warrant that:

  1. The service will be secure;
  2. The service will be available at any time or place;
  3. The service will meet your requirements or expectations, or result in any benefits;
  4. The service will be uninterrupted;
  5. Any defects or errors will be corrected;
  6. The service will not contain viruses, Trojan horses, or other malware and harmful software.

QiKfunder makes no guaranty of privacy or confidentiality of any transmitted information on the Website or and website linked to the Site. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

The use of the service is solely at your own risk. We will not be liable or responsible in any way for any offers or content presented by third party providers on the Site. Furthermore, We are not responsible in any way for any damage to your computer or personal property or loss of data resulting from the viewing, accessing, or downloading any content found on the Website.

Electronic Communications Privacy Act Notice (18 USC §2701-2711): THE COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO OUR SITE. The Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on the Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

N - Limitation of Liability

To the maximum extent applicable by law, in no event shall QiKfunder, its employees, subsidiaries, affiliates, directors, officers, agents, suppliers, licensors, content suppliers, or partners be liable for:

  1. Any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including, but not limited to, lost profits, loss of data, cost of procuring substitute goods and/or services, loss of contributions, or goodwill;
  2. Any bugs, Trojan horses, viruses, malware, spyware, or any other harmful software or program (regardless of the source of origin);
  3. Any direct damages in excess of (in the aggregate) one hundred U.S. dollars.

Some jurisdictions prevent Us from limiting our liability. In the event that you are in such a jurisdiction, notwithstanding any provision set forth in this agreement, then our liability is limited to the minimum extent applicable by law.

O - Indemnity

By accepting the terms of this Agreement, you agree to defend, indemnify, and hold harmless QiKfunder, its affiliates, subsidiaries, officers, directors, employees, contractors, agents, suppliers, and representatives against all claims, causes of action, damages, obligations, losses, liabilities, costs, debts, attorney fees and costs, and any other legal fees arising from or relating to your use or misuse of the Service and the Company’s content, including, but not limited to, User Submissions, violation of this Terms of Use Agreement, infringement by you, or any third party using your account, on any Intellectual Property Right of any person or entity, your negligence, violation of any law, ordinance, regulation, directive or court order. We reserve the right to assume the exclusive defense and control of any matter.

P - International

Access of the Service is prohibited from territories where the content is illegal. Those who choose to access it do so at their own violation and assume all responsibilities and consequences. QiKfunder is owned and operated within the United States and makes no representations of its appropriateness, availability, or legality. You are responsible for compliance with all local laws.

Q - Notice Policy

By accepting this Terms of Service Agreement, you agree and consent to receive communications from QiKfunder. This includes, but is not limited to, notices, agreements, contracts, updates to any notice or policy, including this Terms of Use Agreement, legally required disclosures and notices, and any other information related to the Service (collectively “Required Notices”) electronically or by mail. Required Notices may be provided by email, U.S. mail, or by posting them on the Website. If you should desire to remove yourself from this policy you shall discontinue use of the service. Continued accessing the Site shall be considered consent to this Notice Policy.

R - Governing Law

These Terms of Service shall be governed by the internal and substantive laws of the State of Alabama, without respect to any principles of conflicts of laws. The Service shall be deemed a passive one that does not give rise to personal jurisdiction over QiKfunder, whether specific or general, in any jurisdiction other than Alabama. Any dispute or claim between you and QiKfunder that arises wholly or in part from the Service, your use, or non-use of the Service, shall be decided in a court of competent jurisdiction in the city, and county of Dothan, Alabama.

S - Language

As a courtesy feature only, this document and all other documents and Content on the Site may be translated into languages other than English. The original English version of this document shall govern and supersede all other translated versions. All disputes, claims, and proceedings shall be communicated in English.

T - Agreement, Integration, and Severability

This Terms of Use Agreement, in conjunction with all other referenced materials and agreements constitute the entire agreement between you and QiKfunder in relation to the Service and shall supersede all prior agreements, communications, and proposals(whether written, verbal, or electronic) between you and the Company. If any provision of this agreement is found to be invalid or unenforceable, that provision shall be limited, omitted, or otherwise removed from the Agreement to the minimum extent necessary to satisfy that the Terms of Use remain valid, in effect, and enforceable. The remainder of the document will remain in full force and effect.

U - Miscellaneous

  1. You agree and acknowledge that We have the right to report any activity to law enforcement agencies for any reason deemed necessary at Our sole discretion.
  2. No waiver of any Term in this Agreement shall be deemed a continuing waiver of any term or terms outlined in this Agreement. Furthermore, QiKfunder’s failure to assert and right, privilege, or provision (collectively “Right”) set forth in this Agreement shall not constitute a waiver of that Right.
  3. QiKfunder is not liable for any failure to perform its obligations outlined in this document where the failure results from any cause that is reasonably beyond the Company’s control, this includes, but is not limited to, a failure or reasonable degradation of electronics, mechanics, or communications systems.
  4. This Terms of Use Agreement, and any rights and licenses granted by this Agreement are personal to you. They may not under any circumstance be transferred, assigned, or sublicensed by you; however, they may be assigned, transferred, licensed, or otherwise delegated by QiKfunder at any time for any reason without consent.
  5. This Terms of Use does not imply in any way the creation of any partnership, agency, joint venture, affiliation, or employment relationship of any kind and neither side has any authority to bind the other in that respect.
  6. In the event of any court proceeding related to the enforcement of this Terms of Use, the prevailing party shall be entitled to recover court costs and attorney’s fees.
  7. You agree to comply with all laws and regulations pertaining to the import or export of goods or information. In accordance with the U.S. Export Administration Act (“Act”), you warrant that you are:
  1. not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and,
  2. not otherwise prohibited under the Act from receiving such products and information.

If you have any questions regarding this Agreement, please contact us at Terms@QiKfunder.com.