TERMS OF THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION
2. Your relationship with Quickfoxes
2.1. Quickfoxes is an online personal service broker, Marketer and an online restaurant service provider connecting you to a network of Independent Contractors whom you seek to have perform the services offered or advertised as available on the website or you request via electronic mail or other delivery method to Quickfoxes.
2.2. Quickfoxes does not employ the Independent Contractors. Quickfoxes does not exercise control over the Independent Contractors, the quality of the work, timing, legality, failure to provide, or any other aspect whatsoever of any services the Independent Contractor provides to you.
2.3. Quickfoxes does perform background checks of its Independent Contractors. However, when interacting with an Independent Contractor, you should exercise caution and common sense to protect your personal safety and property, just as you would with other persons whom you do not know.
3. Payment and Refunds
3.1. The Services you request through the website shall be reserved by your credit card and you authorize Quickfoxes to process the credit card for payment upon completion of the services requested. Depending on the type of Service you request, Quickfoxes may place a hold on your credit card for a certain sum and the balance of the hold will be released at the time the Service you request is completed or if the charges for the Service you request exceed the hold, your credit card will be charged the remaining balance.
3.2. In the event you are dissatisfied with the Independent Contractor's performance of the services you requested, you may be offered a discount towards any future orders.
3.3. If you dispute the charges to your credit card for any goods the Independent Contractor purchased on your behalf, Quickfoxes purchased on your behalf or food that has been purchased from any said restaurants, that were in connection with the services requested, you are required to notify Quickfoxes within 30 days. Your account will be deactivated until all monies have been collected on any purchased order from Quickfoxes.
4. Use of Quickfoxes Services
4.1. You agree to use the Services offered and advertised on the website or requested for the purposes that are permitted by (a) the Terms and (b) any applicable law regulation or generally accepted practices or guidelines in the relevant jurisdictions.
5. Your Information and Your Account
5.1. When you register with Quickfoxes to create an account and password, you are the sole authorized user of the account and are solely and fully responsible for maintaining the security of your account and password.
5.2. At your option, Quickfoxes may retain your credit card and personal information as a part of your account.
5.3. When you request Services, you authorize Quickfoxes to provide your personal information to the Independent Contractor to facilitate the completion of the Services requested. This information may be, but it is not limited to: your home address, your cell phone number, your home telephone number, you work phone number, your business address, or information you would consider personal.
5.4. Quickfoxes expressly disclaims any liability for any actions that may result from the authorized or unauthorized use of your account. Should you believe that your account has been used without permission you are to immediately contact Quickfoxes.
5.5. Any information and materials you provide to Quickfoxes or other Users in connection with your registration or that you post or transmit for use in a Public Area you represent and warrant to Quickfoxes will not be: (a) false, inaccurate, incomplete or misleading; (b) will not be fraudulent; (c) will not violate any law, statute, ordinance, or regulation (d) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (e) will not be obscene or contain child pornography or be harmful to minors; (f) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) will not create liability for Quickfoxes or cause Quickfoxes to loose (in whole or in part ) the services of its ISPs or other partners or suppliers.
5.6. Solely to enable Quickfoxes to use your information posted in public areas, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licenseable right to exercise all copyright, publicity rights, and any other rights you have in your information, in any media now known or not currently known.
6. Public Areas
6.1. The website may contain profiles, email systems, blogs, message boards, applications, ratings, postings, chat areas, news group, forums, communities and/or other message communication facilities ("Public Areas") that allow you to communicate with other users of the Services. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
All submissions made to Public Areas will be public and Quickfoxes will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
7. Contact with Independent Contractors
7.1. During the course of the services requested, you will be provided the Independent Contractor’s contact information. You are prohibited from abusing an Independent Contractor’s contact information.
7.2. Abuse of the information includes but is not limited to using the information to intimidate, harass, stalk, threaten, or otherwise violate the legal rights of the Independent Contractor, and to sell or distribute the information to any business and/or individual.
8. Commercial Use or Solicitations
8.1. You are expressly prohibited from using the website to advertise goods or services, solicit business, redirect to another website or another service of any kind whatsoever.
8.2. You may not use the Services to collect usernames, and/or e-mail addresses of members by electronic or other means.
9. Termination and Suspension of Account
9.1. Quickfoxes may terminate or suspend your right to use the Services at any time for any or no reason by providing you with written or e-mail notice of such termination, and termination will be effective immediately upon delivery of such notice.
9.2. Without limitation Quickfoxes may terminate or suspend your right to use the Service if you breach any terms of this Agreement or any policy of Quickfoxes posted on the website from time to time, or if Quickfoxes otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Quickfoxes terminates or suspends your right to use the Services for any of these reasons, you will not be entitled to any refund of an unused balance in your account. In addition to terminating or suspending your account, Quickfoxes reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.
9.3. This Agreement is still enforceable and in effect against you even if your use of the Services is terminated.
10. Intellectual Property Rights
10.1. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that you see or read on the website is owned by Quickfoxes or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Quickfoxes owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the website without the express prior written consent of Quickfoxes. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Quickfoxes and/or the relevant right holder.
10.2. The service marks and trademarks of Quickfoxes including without limitation Quickfoxes.com and the Quickfoxes.com logo are service marks owned by Quickfoxes and 2doodah, LLC. You may not copy or use any of these marks, logos or trade names without the express prior written consent of Quickfoxes.
11. Release of Liability.
11.1. In the event you have a dispute or claim with any website user or an Independent Contractor you release Quickfoxes (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11.2. Quickfoxes expressly disclaims any liability that may arise between other Users of the website, Services, or actions of Independent Contractors.
RESTAURANT DELIVERY AND TAKEOUT SERVICE
11.3. Quickfoxes will make every effort to deliver a customer’s food in the least amount of time and at the hottest possible temperature, however Quickfoxes.com can not be held responsible for the negligence of any restaurant kitchen in the above regard. We will, however, advocate for any customer who contacts us and if the fault has been QuickFoxes, we will repeat the order at no charge.
11.4. QuickFoxes Takeout service is provided to our customers as a directory service to process restaurant orders on behalf of the restaurant. We do not warrant any food or restaurant items purchased by the user of QuickFoxes Takeout service. QuickFoxes processes Takeout orders for our partnered restaurants and cannot guarantee preparation times or delays of any order placed with QuickFoxes Takeout service. As a result of improper food preparation, improper items served, or improperly cooked items, Quickfoxes does not offer its delivery service to correct any Takeout order.
11.8. QUICKFOXES.COM ASSUMES CONTROL OVER NO RESTAURANT KITCHENS AND AS A RESULT, WE HAVE NO ROLE IN THE PREPARATION OF YOUR FOOD OR IN ITS INGREDIENTS OR IN THE PEOPLE WHO CONDUCT THE PREPARATION OF FOOD IN THE RESTAURANTS WE APPEAR TO REPRESENT WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY PROBLEMS YOU MAY HAVE FROM INGESTING ANY FOOD OR DRINK FROM THESE ESTABLISHMENTS. YOU ARE EATING AT ALL RESTAURANTS FROM WHICH QUICKFOXES.COM DELIVERS AT YOUR OWN RISK
11.9. USE OF THE QUICKFOXES.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
11.10.THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF QUALITY OF FOOD PREPERATION.
11.11. WITHOUT LIMITING THE FOREGOING, NEITHER QUICKFOXES NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR FROM THE INDEPENDENT CONTRACTOR, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE AND/OR THE INDEPENDENT CONTRACTOR.
11.12.NEITHER QUICKFOXES NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
11.13.NEITHER QUICKFOXES NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT OF ANY INDEPENDENT CONTRACTOR..
11.14.NEITHER QUICKFOXES NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
11.15.QUICKFOXES AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
12. NO LIABILITY
12.1. YOU AGREE NOT TO HOLD QUICKFOXES, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER OR INDEPENDENT CONTRACTOR (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER OR INDEPENDENT CONTRACTOR, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY QUICKFOXES OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
12.2. QUICKFOXES.COM ASSUMES CONTROL OVER NO RESTAURANT KITCHENS AND BECAUSE WE HAVE NO ROLE IN THE PREPARATION OF YOUR FOOD OR IN ITS INGREDIENTS OR IN THE PEOPLE WHO CONDUCT THE PREPARATION OF FOOD IN THE RESTAURANTS WE APPEAR TO REPRESENT WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY PROBLEMS YOU MAY HAVE FROM INGESTING ANY FOOD OR DRINK FROM THESE ESTABLISHMENTS.YOU ARE EATING AT ALL RESTAURANTS FROM WHICH QUICKFOXES.COM DELIVERS OR TAKEOUT SERVICE AT YOUR OWN RISK.
12.3. UNDER NO CIRCUMSTANCES WILL QUICKFOXES, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU..
12.4. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT QUICKFOXES OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES FOR THE SERVICES PAID BY YOU TO QUICKFOXES..
13.1. You hereby agree to indemnify, defend, and hold harmless Quickfoxes its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with your use or abuse of the Service and website. Quickfoxes reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Quickfoxes.
14. DISPUTE RESOLUTION AND GOVERNING LAW
14.1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Quickfoxes agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Quickfoxes. Quickfoxes address for such notices is 1745 Meeting St, Charleston, S.C. 29405
14.2. BINDING ARBITRATION
14.2.1.If you and Quickfoxes are unable to resolve a Dispute through informal negotiations, either you or Quickfoxes may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If such costs are determined by the arbitrator to be excessive, Quickfoxes will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Quickfoxes may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
14.3. Exceptions to Alternative Dispute Resolution.
14.3.1. You and Quickfoxes agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Quickfoxes’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
14.4.1. You and Quickfoxes agree that any arbitration will be limited to the Dispute between Quickfoxes and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
14.5.1. Arbitration will take place in Charleston County, South Carolina where no election to arbitrate has been made, a competent court in Charleston County Court shall have exclusive jurisdiction and you and Quickfoxes agree to submit to the personal jurisdiction of such courts.
14.6. Governing Law.
14.6.1. Except as expressly provided otherwise, this Agreement will be governed by, and construed under, the laws of the State of South Carolina, without regard to choice of law principles
14.7.1. You and Quickfoxes agree that if any portion of this section entitled “Dispute Resolution and Governing Law” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor Quickfoxes will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Charleston County, South Carolina, and you and Quickfoxes agree to submit to the personal jurisdiction of that court.
15.1. Failure by Quickfoxes to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. Waiver will be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Quickfoxes with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Quickfoxes its successors and assigns.