Last modified on June 5th, 2016.
- Accepting the Terms of Service
- Access to the Services
The QueryMall Inc. mobile application NextAve, website, domain name and any other linked pages, features, content, or other application services offered from time to time by QueryMall in connection therewith (collectively, the “Services”) are owned and operated by QueryMall. Subject to the terms and conditions of this Agreement, QueryMall may offer to provide certain services, as described more fully on NextAve app and its websites, and that have been selected by you (together with the website, the “Services”), solely for your own use, and not for the use or benefit of any third party. The term “Services” includes, without limitation, use of the NextAve app, website, any service QueryMall performs for you and the Content (as defined below) offered by QueryMall on the website. QueryMall may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. QueryMall may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. QueryMall reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
You represent and warrant to QueryMall that: (i) you are an individual of legal age (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Purchases on NextAve
The following terms govern purchases you make through NextAve’s checkout system. These are items you have attempted to purchase, and/or have purchased, within QueryMall’s NextAve mobile application.
All purchases through Nextave’s checkout system and the Services are governed by this Agreement. All the products are from the third party. The terms and conditions of the third-party brands from which you purchase from NextAve will inform you when an order is placed with a third-party brand. However, each third-party brand shall have 100% discretion whether an order will be accepted and/or deemed valid, and/or whether you can make any changes to an order once placed and accepted.
Whether you can cancel an order once payment is made shall be governed by the terms and conditions of each third-party brand or at the discretion of NextAve for customer service reasons.
Shipping and Delivery
Once your order has been processed with the third-party brand, NextAve will provide you a confirmation email that your order has been processed and accepted by the third-party brand. NextAve may or may not provide you with an estimate of when your order will be shipped and/or delivered. Shipping and delivery are 100% within the discretion and control of each of the third-party brands. Any estimates NextAve may provide you with respect to shipping and/or delivery are simply estimates and based on the best information available to NextAve. However, you should not rely on these estimates in any way whatsoever. Please read the confirmation emails you receive from NextAve for additional information on how to contact the third-party brands for additional information on the status of your order, shipping and delivery. These emails also contain instructions on the best ways to contact NextAve to help with any questions about your order.
Each third-party brand on NextAve has its own return policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if returns are accepted and under what conditions, and whether you are responsible for additional shipping costs associated with any returns. You acknowledge and accept that NextAve has absolutely no involvement and/or control over whether you will be permitted to return any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding returns.
Much like “Returns” discussed above, each third-party brand on NextAve has its own refund policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that NextAve has absolutely no involvement and/or control over whether you will be permitted any refund or credit for any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding refunds.
NextAve uses a third-party payment processor Stripe payment Service (the “Payment Processor”) to allow you to pay for products purchased through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. NextAve is not responsible for errors by the Payment Processor. By choosing to purchase goods through the Services, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize NextAve, via the applicable Payment Processor, to charge your chosen payment provider. Please be aware that items you are charged may include shipping fees, and state and local sales tax. For each purchase, you grant NextAve the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where NextAve has already received payment from you. For example, in some instances, NextAve will charge you estimated state and local sales tax, and may revise the sales tax charge as necessary. You agree that (i) each order through the Services are purchases between you and the third-party brand, and not with NextAve; and (ii) NextAve is not a party to your payment transaction for such purchases and NextAve is not a buyer or a seller in connection with all such transactions.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PROCESSING OF YOUR PAYMENT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT VALID, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR FORM OF PAYMENT IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR PERSONAL INFORMATION.
Information NextAve Collects And Shares Regarding Purchases
NextAve Discretion And Your Recourse
You agree that Sales Associates or NextAve has the absolute discretion to cancel any order at any time for any reason. You agree that any dispute between you and NextAve, and/or you and any third-party brand, related to a purchase(s) made through the Services, can be resolved in its entirety by your receipt of a full refund for all amounts you were charged and paid.
Apps, Websites and Services Content
The Apps, Website, Services, and their contents are intended solely for the use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations—also known as the “Content”) and which includes User Submissions (as defined below)—are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Apps, Website and Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the apps, website or Services for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. If you link to the Website, QueryMall may revoke your right to so link at any time, at QueryMall’s sole discretion. QueryMall reserves the right to require prior written consent before linking to the Website.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that QueryMall will not be liable for any errors or omissions in any content. You understand that QueryMall cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, QueryMall cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will QueryMall be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of QueryMall; (v) restricts or inhibits any other user from using and enjoying the Services or Content; (vi) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. QueryMall reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if QueryMall is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not QueryMall, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to QueryMall and to grant QueryMall the rights to use such information in connection with the Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Apps and Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
You (as Sales Associates) agree that by QueryMall providing You the NextAve Apps for free, You grant QueryMall the exclusive right to work with You to promote brands and/or products on NextAve’s platform. This exclusive right covers all promotional activities of any kind involving the Services. You agree that any arrangement You make with a third-party to promote brands and/or products on NextAve is void unless you first obtain NextAve’s written permission to enter such arrangement and waive its exclusive right.
NextAve App provided by QueryMall Inc. is a social shopping platform that connects customers and sales associates of physical stores. The product information posted on NextAve is provided by sales associates. While we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the apps or the information, products, services, or related graphics contained on the apps for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this app. For more information, please review the QueryMall’s current Disclaimer
Registration and Security
As a condition to using all or some aspects of the Services, you may be required to register with QueryMall using your email address (“QueryMall User ID”) and select a password. You shall provide QueryMall 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 your account. You may not (i) select or use as a QueryMall User ID an email address of another person; or (ii) use as a QueryMall User ID an email address subject to any rights of a person other than you without appropriate authorization. QueryMall reserves the right to refuse registration of or cancel a QueryMall User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
You will indemnify and hold QueryMall, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of Liability
In no event shall QueryMall or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the apps, website or the services or subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (i) for any amount in the aggregate or the fees paid by you for the services and any products or services purchased through the services during any period preceding the applicable claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of any substitute goods or services; or (iv) for any matter beyond QueryMall’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Fees and Payment
Our NextAve app is currently free to users, QueryMall reserves the right to require payment of fees for certain Services in the future. You shall pay all applicable fees, as described on the agreement in connection with such Services selected by you. QueryMall reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on its Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
By using the Services, you expressly relieve and hold harmless QueryMall from any and all liability arising from your use of any Third Party Website. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that QueryMall shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that QueryMall is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release QueryMall, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. QueryMall may terminate or suspend your access to the Services at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your registration. QueryMall may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the App, Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. QueryMall shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond QueryMall’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with QueryMall’s prior written consent. QueryMall may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind QueryMall in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Arbitration; Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Grafton County, New Hampshire, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the New Hampshire.
Copyright Dispute Policy
QueryMall has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of QueryMall’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is QueryMall’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements
If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that QueryMall is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent
It is QueryMall’s policy:
- to remove or disable access to the infringing material;
- to notify the content provider or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that QueryMall will terminate such content provider’s or user’s access to the Services.
Procedure to Supply a Counter-Notice to the Designated Agent
If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider or user;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Content provider’s, or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, or user’s address is located, or, if the content provider’s or user’s address is located outside the United States, for any judicial district in which QueryMall is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, QueryMall may send a copy of the counter-notice to the original complaining party informing that person that QueryMall may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at QueryMall’s discretion.
Please contact QueryMall’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Querymall Inc., One Glen Road, Suite 209 West Lebanon NH 03784 USA
If you have any questions, complaints, or claims with respect to the Services, you may contact us here