June 6, 2016

Terms of Service

Last modified on April 6th, 2019.

 

1. Accepting the Terms of Service

Welcome to QueryMall Inc (QueryMall Inc., a Delaware Incorporated corporation collectively with its agents, consultants, employees, officers and directors, “QueryMall,” “we,” or “us”)! Please read these Terms of Service, our Privacy Policy, and our Disclaimer (collectively, the “Agreement”) carefully before using NextAve app and/or the other domains, products, services, and/or content provided by QueryMall, Inc. (all of those collectively with the “Services”).  This is the contract between you and QueryMall Inc. By using or accessing the Services, you (“Subscriber” or “You”) agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t and aren’t permitted to use the Services. Use of QueryMall’s Services is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If you have any questions or suggestions, please feel free to email us at admin@querymall.com.

 

2. 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 NextAve app and its websites. 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.

 

3. Prohibited Site Uses

You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.

Examples Of Prohibited Uses Of The Site

The following are examples of uses that are prohibited on the Site or when using the Site Services:

  • Seeking, offering, promoting, or endorsing and services, content, or activities that:
    • are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
    • would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
    • would violate (a) QueryMall’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
    • regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
    • regard or promote in any way any escort services, prostitution, or sexual acts; or
    • are harassing toward another person based on the person’s inclusion in a protected class as defined by applicable law;
  • Fraudulent or misleading uses or content, including:
    • Fraudulently billing or attempting to fraudulently bill any client
    • Misrepresenting your identity or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
    • Using a profile photo that misrepresents your identity or represents you as someone else;
    • Impersonating any person or entity, including, but not limited to, an QueryMall’s representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
    • Falsely stating or implying a relationship with another User, including a Sales Associate continuing to use a Store’s profile or information after the Sales Associate no longer works with the Store;
    • Falsely attributing statements to any QueryMall representative, forum leader, guide or host;
    • Falsely stating or implying a relationship with QueryMall or with another company with whom you do not have a relationship;
    • Allowing another person to use your account, which is misleading to other Users; or
    • Falsely stating that one Sales Associate will perform the order when another will in fact do it, including submitting a proposal on behalf of a Sales Associate that is unable, unwilling, or unavailable to do the work;
  • Expressing an unlawful preference in a deal post or private offer or otherwise unlawfully discriminating on a protected basis;
  • Posting identifying information concerning another person;
  • Spamming other Users with deals or invitations or posting the same deal multiple times so that more than one version remains active at a given time;
  • Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
  • Attempting to or actually manipulating or misusing the feedback system, including by:
    • withholding payment or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
    • attempting to coerce another User by threatening to give negative feedback;
    • expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system; or
    • offering services for the sole purpose of obtaining positive feedback of any kind;
  • Duplicating or sharing accounts;
  • Selling, trading, or giving an account to another person without QueryMall’s consent;
  • Sharing or soliciting contact information, such as WeChat, Whatsapp, email, phone number in a profile or job post;
  • Directly or indirectly, advertising or promoting another website, mobile App, product, or service or soliciting other Users for other websites, mobile App, products, or services, including advertising on NextAve app to invite Sales Associate and/or Users to join or connect on another mobile App, website or company;
  • Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services or QueryMall’s proprietary information, including
    • Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
    • Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
    • Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
    • Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
    • Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
    • Collecting or harvesting any personally identifiable information, including Account names, from the Site;
    • Attempting to or imposing an unreasonable or disproportionately large load (as determined in QueryMall’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of QueryMall or any third party;
    • Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
    • Framing or linking to the Site or Site Services except as permitted in writing by QueryMall
  • Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or QueryMall; or
  • Accessing or using the Site or Site Services to build a similar service or application, identify or solicit NextAve Users, or publish any performance or any benchmark test or analysis relating to the Site.

3.1 Enforcement

We reserve the right, but do not assume the obligation, to investigate any potential violation of this Section 3 or any other potential violation of these Site Terms of Use and to remove, disable access to, or modify any content on the Site. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Use or the User Agreement.

3.2 Reporting And Correcting Violations

If you become aware of any violation of these Site Terms or Use, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Site Terms of Use

4. 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.

4.1 Ordering

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 brand 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.

4.2 Cancellations

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.

4.3 Shipping and Delivery

Once your order has been processed with the third-party brand, NextAve will provide you a confirmation notification 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 order details page for additional information on how to contact the third-party brands for additional information on the status of your order, shipping and delivery. The order details page also contain instructions on the best ways to contact NextAve to help with any questions about your order.

4.4 Returns

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.

4.5 Refunds

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.

4.6 Payments

Partial of NextAve transactions uses a third-party payment processor Stripe payment Service (the “Payment Processor”) to allow you to pay for certain (not all) 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.

For transactions not paid on NextAve payment system, Sales Associates and Clients need to contact each other and exchange the payment information over the phone and place the order through Sales Associates’ store system. Note that NEVER transfer funds to Sales Associates’ personal account.

4.7 Bonus and rewards

QueryMall periodically offers cash back bonuses or other format of rewards. All these bonus and rewards will be honored ONLY to qualified transactions on NextAve system. A qualified transaction on NextAve system means a verified transaction listed in “My Orders” under “Me” with order status marked as “Order is complete”.  

 

5. Information NextAve Collects And Shares Regarding Purchases

When you place an order, NextAve will collect and store your shipping address and billing address. Your payment information, such as credit card information, will be maintained by the third-party payment processor, and not NextAve. In order to facilitate your order, NextAve must share your order information with each third-party brand you order from using the Services. In some instances a third-party brand may request your email to help facilitate your purchase. When requested, we will provide your email to the third-party brand you have placed an order with. We encourage you to review each third-party brand’s terms and conditions and privacy policy to understand what each third-party brand does with this information once transmitted by NextAve.

 

6. 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.

 

7. 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.

In the course of using the Services, you and other users may provide information which may be used by QueryMall in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Apps and  website or otherwise providing content, materials or information to QueryMall or in connection with the Services (collectively, “User Submissions”), QueryMall hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the Apps, Website, and QueryMall’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, QueryMall will only share your personally identifiable information in accordance with QueryMall’s privacy policy in effect from time to time and located at http:// http://www.querymall.com/privacy-policy/. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement. Furthermore, you understand that QueryMall retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to QueryMall does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

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.

 

8. Restrictions

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.

 

9. Disputes

“Disputes” are defined as any claim, controversy, or dispute between Sales Associates and Clients, including any claims relating to communication, transactions, and other services performed via NextAve. NextAve does NOT take any responsibility to any communication, transactions and other services performed outside of NextAve system.

 

10. Warranty Disclaimer

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

 

11. Privacy Policy

For information regarding QueryMall’s handling of personally identifiable information, please review QueryMall’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by QueryMall’s Privacy Policy.

 

12. 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.

 

13. Indemnity

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.

 

14. 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.

 

15. Fees and Payment

Our NextAve app is currently free to users. QueryMall charges fees for premium features such as VIP membership and 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.

 

16. Third-party Websites

The Services may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by QueryMall, or the Services may be accessible by logging in through a Third Party Website, as described more fully in our Privacy Policy. When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. QueryMall has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, practices of or opinions expressed in any Third Party Websites. In addition, QueryMall will not and cannot monitor, verify, censor or edit the content of any Third Party Website.

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.

 

17. Termination

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.

 

18. Miscellaneous

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.

 

21. 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.

 

22. 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.

 

23. 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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. 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;
  4. Contact information about the notifier including address, telephone number and, if available, email address;
  5. 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
  6. 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.

 

23. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent

It is QueryMall’s policy:

  1. to remove or disable access to the infringing material;
  2. to notify the content provider or user that it has removed or disabled access to the material; and
  3. 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.

 

24. 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:

  1. A physical or electronic signature of the content provider or user;
  2. 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;
  3. 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
  4. 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., 67 S Main St, West Lebanon NH 03784 USA

Contact

If you have any questions, complaints, or claims with respect to the Services, you may email to admin@querymall.com