Terms & Conditions - Quote Boss

Terms & Confitions

1. About these Terms and Conditions

1.1 These terms apply to your download, access and/or use of QuoteBoss, whether on your

PC, on a mobile device, on our website www.QuoteBoss.com (the “Website“) or any other

website, or on any other device or platform (each an “app” and together the “Apps“). These

terms also apply to any of our other services that we may provide in relation to the Apps or

the Website, such as customer support, social media and community channels (we refer to

all our Apps and other services collectively as the “Services” in these terms). These terms

are a legal agreement and contain important information about your rights and obligations in

relation to our apps.

1.2 If you do not agree to these terms or any future updated version of them then you must

not use, and must cease all use of, any of our Services. If any future update to these terms

require a click to accept, then you may not be able to continue to use the Services until you

have clicked to accept the updated terms.

1.3 FOR RESIDENTS IN THE USA: If you are a resident of the United States of America,

then these terms represent a legal agreement between you and Quote Boss, Ltd Pty. (AUS)

a Australia Ltd Pty whose correspondence address is 211 Box Rd, Sylvania, 2224, NSW,

Australia. IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING

ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN

PARAGRAPH 21.

1.4 FOR RESIDENTS OUTSIDE THE USA: If you are resident outside of the United States

of America, these terms represent a legal agreement between you and Quote Boss, Ltd Pty.

(AUS) a Australia Ltd Pty whose correspondence address is 211 Box Rd, Sylvania, 2224,

NSW, Australia.

1.5 In these terms references to “QuoteBoss”, “we”, “us” and “our” are references to Quote

Boss, Ltd Pty. as specified in paragraphs 1.3 and 1.4 above.

1.6 These terms are made available via the app store or platform that you download our

apps from (such as the Apple App Store, Google Play Store, on Amazon App Store, the

Windows Phone Store), on any website or platform where you can potentially download our

apps such as www.facebook.com, our website at www.QuoteBoss.com. You further agree

that by accessing and/or using our Services, you are agreeing to these terms and our

1.7 You agree that you are at least 13 years old and that if you are between 13 years and 18

years old, your legal guardian has reviewed and agrees to these terms and is happy for you

to access and/or use our Services.

1.8 You can access the latest version of these terms at any time at

www.QuoteBoss.com/privacy. We can make changes to these terms at any time in

accordance with paragraph 17 below and, except in relation to any amendment to paragraph

21 (Binding Arbitration and Class Action waiver) below, your continued use of our Services

after the terms have been updated shall confirm your acceptance of the updated terms.

2. About accessing and using our Services

2.1 You are responsible for the internet connection and/or mobile charges that you may incur

for accessing and/or using our Services. You should ask your mobile operator or internet

service provider if you are unsure what these charges will be, before you access and/or use

our Services.

2.2 There may also be times when our Services or any part of them are not available for

technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

2.3 Paying for items on our Website or App. The charge for any individual item you can

purchase via our Website or App shall be as stated on our Website or App at the time you

place the order, except in the case of obvious error. The charge is inclusive of all sales taxes

and other charges. Depending on which bank you use, additional charges may be issued by

your bank; we have no control over this and accept no liability in relation to the same. If you

are unsure whether you will be subject to such additional charges then you should check

with your bank before making a purchase via our Website or App. We accept payment via

the Apple App Store, the Google Play Store, or our payment processing partners by credit

card, debit card, and Paypal only. Our payment processing partners may have their own

terms and conditions and you should ensure you are in agreement with these prior to making

any payment. If your transaction with our payment processing partners is not successful then

your purchase will not be fulfilled. Upon the completion of a successful payment transaction

then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your

order immediately at the point of purchase.

3. Accounts

3.1 You agree that you shall take all steps necessary to protect your log in details and keep

them secret.

3.2 You agree that you shall not give your log in details to anyone else or allow anyone else

to use your log in details or account.

3.3 In these terms, references to “log in details” or “account” include your log in details and

account for any social network or platform that you may allow our Services to interact with.

3.4 If you fail to keep your login details secret, or if you share your login details or account

with someone else (whether intentionally or unintentionally), you accept full responsibility for

the consequences of this (including any unauthorized purchases) and agree to fully

compensate us for any losses or harm that may result.

3.5 We will not be responsible to you for any loss that you suffer as a result of an

unauthorised person accessing your account and/or using our Services and we accept no

responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently

or otherwise.

3.6 We reserve the right to delete your account if no activity is conducted by you in relation to

the account for 180 or more days. In such event, you may no longer be able to access and/or

use any Virtual Money and/or Virtual Goods (as defined below) associated with that account

and no refund will be offered to you in relation to the same. We also reserve the right to

suspend or cancel your account if you are deemed to be in violation of our community

guidelines or terms of use. In such event, you may no longer be able to access and/or user

any Virtual Money and/or Virtual Goods (as defined below) associated with that account and

no refund will be offered to you in relation to the same.

3.7 You understand that if you delete your account, or if we delete your account in

accordance with these terms, you may lose access to any data previously associated with

your account (including, without limitation, and any Virtual Money or Virtual Goods

associated with your account).

3.8 YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR

OTHER PROPERTY INTEREST IN ANY ACCOUNT THAT YOU CREATE USING ANY OF

OUR SERVICES. WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE ANY OF

THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR

WITHOUT NOTICE TO YOU.

4. Virtual Goods and Virtual Money

4.1 Our Services may include virtual currencies such as Cookies, Coins, or Gems (“Virtual

Money“) or items or services for use with our Apps (“Virtual Goods“). If you are over 18

years old you may be able to buy Virtual Goods or Virtual Money. You agree that once

purchased Virtual Money and Virtual Goods have no monetary value and can never be

exchanged for real money, real goods or real services from us or anyone else. You also

agree that you will only obtain Virtual Money and/or Virtual Goods only from us, and not from

any third party. You agree that by transferring your Virtual Money and Virtual Goods to other

users on the App or websites, that you release your claim to the Virtual Money or Virtual

Goods. We will not be responsible for any claims arising from such transfers.

4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited

personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does

not reflect any stored value.

4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and

that we will not refund any transaction once it has been made. If you live in the European

Union you have certain rights to withdraw from distance purchases; however, please note

that when you purchase a licence to use Virtual Goods or Virtual Money from us, you

acknowledge and agree that we will begin the provision of the Virtual Goods or Virtual Money

to you promptly once your purchase is complete and therefore your right of withdrawal is lost

at this point. For the purposes of this paragraph 4.3, a “purchase” is complete at the time our

servers validate your purchase and the applicable Virtual Goods or Virtual Money are

successfully credited to your account on our servers.

4.4 If you do not connect your device to an account that is linked to either your social

network account or otherwise linked to your personally identifiable information, we will not be

able to restore any purchases to a different device if you lose that device or it is damaged.

Accordingly, any risk of loss of Virtual Goods or Virtual Money on a device which is not

connected in this way is transferred to you upon completion of the purchase as described in

paragraph 4.3 above.

4.5 If you live in the European Union, we will provide you with a VAT invoice where we are

required to do so by law or where requested by you. You agree that these invoices may be

electronic in format.

4.6 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual

Goods without any liability to you.

4.7 We may revise the pricing for Virtual Goods and Virtual Money offered through the

Services at any time. We may limit the total amount of Virtual Goods or Virtual Money that

may be purchased at any one time, and/or limit the total amount of Virtual Money or Virtual

Goods that may be held in your account in the aggregate. You are only allowed to purchase

Virtual Money and Virtual Goods from us or our authorized partners through the Services,

and not in any other way.

4.8 Depending on your platform, any Virtual Goods or Virtual Money purchased will be

purchased from your platform provider and such purchase will be subject to their respective

may differ from item to item.

4.9 Without limiting paragraph 4.4, if we suspend or terminate your account in accordance

with these terms you will lose any Virtual Money and Virtual Goods that you may have and

we will not compensate you for this loss or make any refund to you.

5. User conduct and content

5.1 You must comply with the laws that apply to you in the location that you access our

Services from. If any laws applicable to you restrict or prohibit you from using our Services,

you must comply with those legal restrictions or, if applicable, stop accessing and/or using

our Services.

5.2 You promise that all the information you provide to us on accessing and/or using our

Services is and shall remain true, accurate and complete at all times.

5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials

may be sent, uploaded, communicated, transmitted or otherwise made available via our

Services by you or another user (“Content“). You understand and agree that all Content that

you may be sent when using our Services, whether publicly posted or privately sent, is the

sole responsibility of the person that sent the Content. This means that you, not us, are

entirely responsible for all Content that you may upload, communicate, transmit or otherwise

make available via our Services.

5.4 You agree not to upload, communicate, transmit or otherwise make available any

Content:

■ that is or could reasonably be viewed as unlawful, harmful, harassing,

defamatory, libellous, obscene or otherwise objectionable;

■ that is or could reasonably be viewed as invasive of another’s privacy;

■ that is likely to, or could reasonably be viewed as likely to incite violence or

racial or ethnic hatred;

■ which you do not have a right to make available lawfully (such as inside

information, information which belongs to someone else or confidential

information);

■ which infringes any intellectual property right or other proprietary right of

others;

■ which consists of any unsolicited or unauthorised advertising, promotional

materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other

form of solicitation; or

■ which contains software viruses or any other computer code, files or

programs designed to interrupt, destroy or limit the functionality of any

computer software or hardware or telecommunications equipment.

5.5 You agree that you will not:

■ use our Services to harm anyone or to cause offence to or harass any

person;

■ create more than one account per platform to access our Services;

■ use another person or entity’s email address in order to sign up to use our

Services;

■ use our Services for fraudulent or abusive purposes (including, without

limitation, by using our Services to impersonate any person or entity, or

otherwise misrepresent your affiliation with a person, entity or our Services);

■ disguise, anonymise or hide your IP address or the source of any Content

that you may upload;

■ use our Services for any commercial or business purpose or for the benefit of

any third party or to send unsolicited communications;

■ remove or amend any proprietary notices or other ownership information

from our apps or any other part of our Services;

■ interfere with or disrupt our Services or servers or networks that provide our

Services;

■ attempt to decompile, reverse engineer, disassemble or hack any of our

Services, or to defeat or overcome any of our encryption technologies or

security measures or data transmitted, processed or stored by us;

■ ‘harvest’, ‘scrape’ or collect any information about or regarding other people

that use our Services, including, but not limited to any personal data or

information (including by uploading anything that collects information

including but not limited to ‘pixel tags’ cookies, graphics interchange formats

(‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or

‘pcms’ (passive collection mechanisms);

■ sell, transfer or try to sell or transfer an account with us or any part of an

account including any Virtual Money or Virtual Goods;

■ disrupt the normal flow of the App or otherwise act in a manner that is likely

to negatively affect other users’ ability to compete fairly when playing our

services or engaging in real time exchanges on the App;

■ disobey any requirements or regulations of any network connected to our

Services;

■ use our Services in violation of any applicable law or regulation;

■ use our Services to cheat or design or assist in cheating (for example, by

using automated means or third party software to play), or to otherwise

circumvent technological measures designed to control access to, or

elements of, our Services, or to do anything else that a reasonable person is

likely to believe is not within the spirit of fair play or these terms; or

■ use our Services in any other way not permitted by these terms.

■ If you are concerned that someone else is not complying with any part of

these terms, please contact us here: support@quoteboss.com

5.6 We do not control Content posted on our Services by other people and therefore we do

not guarantee the accuracy, integrity or quality of that Content. You understand that when

using our Services, you may be exposed to Content that you may consider offensive,

indecent or objectionable. Under no circumstances will we be liable in any way for any

Content, including, but not limited to, any errors or omissions in any Content, or any losses

or harm of any kind resulting from the use of any Content posted, emailed, transmitted or

otherwise made available via our Services.

5.7 We have the right to remove uploaded Content from our Services if we decide in our sole

discretion that it results in or from a breach of any part of these terms, or that it may bring us

or our Services into disrepute. However, you acknowledge that we do not have an obligation

to actively monitor Content that is contributed by people that use our Services and we make

no undertaking to do so.

5.8 You are solely responsible for your interactions with other users of our Services.

6. [Intentionally Left Blank]

7. Your breach of these terms

7.1 We reserve the right to suspend or terminate your access to our Services immediately

without notice (including by deleting your account) if we reasonably believe that you are in

material breach of these terms (including by repeated minor breaches). Without limitation,

any breaches of paragraphs 4.1, 4.7, 5.4 or 5.5 are likely to be considered material

breaches.

7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses

that may arise from any breach of these terms by you.

8. Availability of the Services

8.1 For residents the United States: We do not guarantee that any of our Services will be

available at all times or at any given time or that we will continue to offer all or any of our

Services for any particular length of time. We may change and update our Services without

notice to you. We make no warranty or representation regarding the availability of our

Services and reserve the right to modify or discontinue the Services in our sole discretion

without notice, including for example, ceasing an app or other Service for economic reasons

due to a limited number of users continuing to make use of that app or other Service over

time, for technical reasons (such as technical difficulties experienced by us or on the

internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO

THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT ANY OR ALL OF OUR

SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION

WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED

WITH THE TERMINATION OF OUR SERVICES.

8.2 For residents outside the United States: Subject to the next sentence, we do not

guarantee that any of our Services will be available or error-free at all times or at any given

time. We will provide our Services in accordance with any legally required standards. In

particular, in relation only to any Virtual Money and/or Virtual Goods or any other part of our

Services which have been paid-for with real money, we warrant that they will substantially

comply with the description provided by it at the point of purchase and be of satisfactory

quality (in addition any related services provided through them will be provided with

reasonable care and skill). We may change and update our Services in whole or in part

without notice to you (provided always that any such changes do not result in material

degradation in the functionality of any part of the Services which has been paid-for with real

money). We make no warranty or representation regarding the availability of the Services

which are provided free of charge (i.e. not paid-for with real money) and we reserve the right

to modify or discontinue them in our sole discretion without notice to you, including for

example, for economic reasons due to a limited number of users continuing to make use of

them over time, for technical reasons (such as technical difficulties experienced by us or on

the internet) or to allow us to improve user experience. We are not liable or responsible for

any failure to perform, or delay in performance of, any of our obligations that is caused by

events outside our reasonable control. If such circumstances result in material degradation in

the functionality of the Services then any obligation you may have to make any payment to

download, use or access them will be suspended for the duration of such period. We are

entitled to modify or discontinue the Services or any part of them which are paid-for with real

money in our sole discretion upon reasonable notice to you.

9. For residents in the United States – Limitation of Liability

WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL

DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION, OR ANY OF

OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE

OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR

PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF

THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE

PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL

MONEY OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG

AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF

DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO

YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE

OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

10. For residents outside the United States – Limitation of Liability

10.1 We accept liability for death or personal injury resulting from our negligence or that of

our employees or agents, and for losses or harm caused by fraud by us or our agents, or any

other liability which may not by law be excluded.

10.2 We are not responsible for:

■ losses or harm not caused by our breach of these terms or negligence;

■ losses or harm which are not reasonably foreseeable by you and us at the

time of you agreeing to these terms and conditions including those losses

which happen as a side effect of foreseeable losses. This could include loss

of data, loss of opportunity, service interruption, computer or other device

failure or financial loss;

■ any damage that may be caused to any device on which you access or use

any of our Services that is caused in any way by our Services unless that

damage is directly caused by our failure to exercise reasonable skill and care

in the provision of the applicable Services;

■ any increase in loss or damage resulting from breach by you of any of these

terms and conditions; or

■ technical failures or the lack of availability of any of our Services where these

are not within our reasonable control.

10.3 For any losses or harm (other than those mentioned in paragraph 10.1 and subject to

paragraph 10.2) in any period of twelve months, we will only be responsible for losses or

harm which are a reasonably foreseeable consequence of our negligence or breach of these

terms and conditions up to the value of the amount that you have paid to us in the 100 day

period ending on the date of your claim. Losses and harm are foreseeable only where they

could be contemplated by you and us at the time of you agreeing to these terms and

conditions.

10.4 Subject to paragraph 10.5 below and unless otherwise specified in these Terms, we do

not give any warranty, express or implied, in relation to our Services and you acknowledge

that your only right with respect to any problems or dissatisfaction with any of our Services is

to discontinue your use of our Services.

10.5 Any additional legal rights which you may have as a consumer remain unaffected by

these terms.

11. Intellectual Property

11.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in

and relating to our Services (other than Content which is contributed and owned by users) is

owned by or licensed to us.

11.2 Whilst you are in compliance with these terms, we grant you a non-exclusive,

non-transferable, personal, revocable limited licence to access and/or use our Services (but

not any related object and source code) for your own personal private use, in each case

provided that such use is in accordance with these terms. You agree not to use our Services

for anything else. These terms also apply to any update or patches which we may release or

make available for any of the Services and any such update or patch shall be deemed part of

the Services for the purposes of these terms.

11.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO

YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY

INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE

ACCOUNTS, ANY VIRTUAL MONEY OR VIRTUAL GOODS. You must not copy, distribute,

make available to the public or create any derivative work from our Services or any part of

our Services unless we have first agreed to this in writing.

11.4 In particular, and without limiting the application of paragraph 11.3, you must not make

use or available any cheats or technological measures designed to control access to, or

elements of, our Services, including providing access to any Virtual Money and/or Virtual

Goods, whether on a free of charge basis or otherwise.

11.5 By submitting Content (as defined in paragraph 5.3) via our Services you:

■ are representing that you are fully entitled to do so;

■ grant us and our group companies the right to edit, adapt, publish and use

your entry and any derivative works we may create from it, in any and all

media (whether it exists now or in the future), for any purpose, in perpetuity,

without any payment to you;

■ acknowledge that you may have what are known as “moral rights” in the

Content, for example the right to be named as the creator of your entry and

the right not to have work subjected to derogatory treatment. You agree to

waive any such moral rights you may have in the Content; and

■ agree that we have no obligation to monitor or protect your rights in any

Content that you may submit to us, but you do give us the right to enforce

your rights in that Content if we want to, including but not limited to taking

legal action (at our cost) on your behalf.

11.6 You must not copy, distribute, make available to the public or create any derivative work

from any Content belonging to any other user of our Services. If you believe that your

intellectual property rights have been infringed by someone else over the internet, you may

■ a description of the intellectual property rights and an explanation as to how

they have been infringed;

■ a description of where the infringing material is located;

■ your address, phone number and email address;

■ a statement by you, made under penalty of perjury, that (i) you have a

good-faith belief that the disputed use of material in which you own

intellectual property rights is not authorised, and (ii) the information that you

are providing is accurate, correct, and that you are authorised to act on

behalf of the owner of an exclusive right that is allegedly infringed; and

■ a physical or electronic signature of the person authorised to act on behalf of

the owner of the exclusive right that has allegedly been infringed.

12. For residents the United States– U.S. GOVERNMENT RESTRICTED RIGHTS: Our Services have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Quote Boss, Ltd Pty. (AUS), 211 Box Rd, Sylvania, 2224, NSW, Australia.

13. Privacy

13.1 Your contract is with Quote Boss, Ltd Pty., and the data controller for all personally

identifiable information or personal data that we collect about you through or in relation to our

apps or other Services is Quote Boss, Ltd Pty.

13.2 Quote Boss, Ltd Pty. may collect, process, use and share your personal information in

accordance with our Privacy Policy and as set out in these terms. By downloading our Apps

or using our Services, you give your consent to us collecting, processing, using and sharing

your personal data in this way. If you do not agree to our Privacy Policy you should not

download or use our services or otherwise access and/or use our Services. In addition,

QuoteBoss reserves the right to access and use data made available by you when you link

external accounts to QuoteBoss, and to use this data to provide the apps and Services on

the App as deemed necessary. This may include but is not limited to accessing roster data,

your league settings, rules, contacts etc. If you do not wish for QuoteBoss to have access to

this information you may choose not to link your external accounts.

13.3 Any personal information that we may collect may also be subject to the policy of any

social network or existing apps that you may agree to link our Services to. If you play our

apps and you agree to allow them to interact with a social network or 3rd party website or

app (“3rd party website”), you are giving us permission to use your email address and any

other personal information which that social network or 3rd party website shares with us that

will allow us to personally identify you. This includes any information contained from the 3rd

party website which we have access to. You are also granting us permission to help your

contacts on that network or 3rd party website find you so that you can play socially. This is

intended to make our apps more enjoyable for you and others that play our apps on that

social network or 3rd party website. If you do not agree to these practices you should not

allow our apps to interact with your social network or 3rd party website.

13.4 We may use cookies or similar technologies (such as HTML5 Local Storage) to store

certain types of information each time you use our Services. They may for example be used

to help us recognise your computer and to ensure that your account is accessed by the

person that inputs the correct username and password for that account. You can find out

more about how we use cookies and other similar technologies by reading our Privacy

Policy.

13.5 This paragraph 13 shall not affect the provisions of paragraphs 20 and 21 which shall

take precedence over this paragraph 13.

14. Links

14.1 We may link to third party websites or services from our Services. You understand that

we make no promises regarding any content, goods or services provided by such third

parties and we do not endorse the same. We are also not responsible to you in relation to

any losses or harm caused by such third parties. Any charges you incur in relation to those

third parties are your responsibility. You understand that when you provide data to such third

parties you are providing it in accordance with their privacy policy (if any) and our own

15. Transferring these terms

15.1 We may wish to transfer all or a part of our rights or responsibilities under these terms

to someone else without obtaining your consent. You agree that we may do so provided that

the transfer does not significantly disadvantage you. You may not transfer any of the rights

we give you under these terms unless we first agree to this in writing.

16. Entire agreement

16.1 These terms set out the entire agreement between you and us concerning our Services

(as defined in paragraph 1) and they replace all earlier agreements and understandings

between you and us.

17. Changes to these terms

17.1 You can find these terms at any time by visiting www.QuoteBoss.com/privacy

17.2 Without affecting paragraph 21.8 below, we reserve the right to update these terms

from time to time by posting the updated version at that address. We may do so for a number

of reasons including without limitation because we change the nature of our products or

services, for technical or legal reasons, or because the needs of our business have changed.

You agree that if you do not accept any amendment to our terms then you shall immediately

stop accessing and/or using our Services.

18. Severability

18.1 If any part of these terms is held to be invalid or unenforceable under any applicable

local laws or by an applicable court, that part shall be interpreted in a manner consistent with

applicable law to reflect as nearly as possible our original intentions and the remainder of

these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or

unenforceable part of these terms in a manner consistent with applicable law, then that part

shall be deemed deleted from these terms without affecting the remaining provisions of these

terms.

19. Waivers of our rights

19.1 Our failure to exercise or enforce any of our rights under these terms does not waive

our right to enforce such right. Any waiver of such rights shall only be effective if it is in

writing and signed by us.

20. Complaints and dispute resolution

20.1 Most concerns can be solved quickly by contacting us at support@quoteboss.com

20.2 In the unlikely event that we cannot solve your concern and you wish to bring legal

action against us these terms shall be governed by and construed in accordance with the

laws of The United States of America..

21. For residents in the United States– BINDING ARBITRATION AND CLASS ACTION WAIVER:

21.1 These BINDING ARBITRATION AND CLASS ACTION WAIVER provisions apply to you

if you are domiciled in and/or access, download and use our Services in the United States.

These provisions may also apply to you if you are domiciled in and/or download or use our

Services from outside the United States. See JURISDICTION AND APPLICABLE LAW

below for details.

21.2 Initial Dispute Resolution: If you have any concerns or queries regarding our Services,

our customer support team can be reached via email at support@quoteboss.com. Most

concerns are quickly resolved in this manner to our customers’ satisfaction. The parties shall

use their best efforts to settle any dispute, claim, question, or disagreement directly through

consultation and good faith negotiations which shall be a precondition to either party initiating

a lawsuit or arbitration.

21.3 Binding Arbitration: If the parties do not reach a mutually agreed solution within a period

of 30 days from the time informal dispute resolution is pursued pursuant to the paragraph

above, then either party may initiate binding arbitration as the sole means to formally resolve

claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to

these terms and the Privacy Policy (including its interpretation, formation, performance and

breach), the parties’ relationship with each other and/or your use of any of the apps or our

other Services shall be finally settled by binding arbitration administered by JAMS in

accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined

Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting

class actions. This arbitration provision is made pursuant to a transaction involving interstate

commerce, and the Federal Arbitration Act (the “FAA”) shall apply to the interpretation,

applicability, enforceability and formation of these terms notwithstanding any other choice of

law provision contained in these terms. The arbitrator, and not any federal, state, or local

court or agency, shall have exclusive authority to resolve all disputes arising out of or relating

to the interpretation, applicability, enforceability, or formation of these terms, including

without limitation any claim that all or any part of these terms or the Privacy Policy is void or

voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to

grant whatever relief would be available in a court under law or in equity. The arbitrator’s

award shall be binding on the parties and may be entered as a judgment in any court of

competent jurisdiction. The JAMS Rules governing the arbitration may be accessed at

http://www.jamsadr.com/ or by calling JAMS at (800) 352-5267. Your arbitration fees and

your share of arbitrator compensation shall be governed by the JAMS Comprehensive

Arbitration Rules and, to the extent applicable, the Consumer Minimum Standards, including

the then-current limit on arbitration filing fees. To the extent the filing fee for the arbitration

exceeds the cost of filing a lawsuit, we will pay the additional cost. The parties understand

that, absent this mandatory provision, they would have the right to sue in court and have a

jury trial. They further understand that, in some instances, the costs of arbitration could

exceed the costs of litigation and the right to discovery may be more limited in arbitration

than in court.

21.4 Location: If you are a resident of the United States, arbitration will take place in San

Mateo County, CA. For residents outside the United States, arbitration shall be initiated in

San Mateo County, California, and you and we agree to submit to the personal jurisdiction of

any federal or state court in San Mateo County, California, in order to compel arbitration, to

stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the

award entered by the arbitrator.

21.5 Class Action Waiver: The parties further agree that any arbitration shall be conducted in

their individual capacities only and not as a class action or other representative action, and

the parties expressly waive their right to file a class action or seek relief on a class basis.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER

ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRIVACY POLICY

ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS

MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any

court or arbitrator determines that the class action waiver set forth in this paragraph is void or

unenforceable for any reason or that an arbitration can proceed on a class basis, then the

arbitration provision set forth above shall be deemed null and void in its entirety and the

parties shall be deemed to have not agreed to arbitrate disputes.

21.6 Exception – Litigation of Intellectual Property and Small Claims Court claims:

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party

may bring an action in state or federal court that only asserts claims for patent infringement

or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or

trade secret misappropriation, but not, for clarity, claims related to the license granted to you

for the Services under these terms. Either party may also seek relief in a small claims court

for disputes or claims within the scope of that court’s jurisdiction.

21.7 30 Day Right to Opt Out: You have the right to opt-out and not be bound by the

arbitration and class action waiver provisions set forth in the “Binding Arbitration,” “Location,”

and “Class Action Waiver” paragraphs above by sending written notice of your decision to

opt-out to the following address: Quote Boss, Ltd Pty., 211 Box Rd, Sylvania, 2224, NSW,

Australia, Attn: QuoteBoss Legal. The notice must be sent within 30 days of the earlier of

your first download of the applicable Apps or commencing use of our Services (or if no

purchase was made, then within 30 days of the earliest of the date on which you first

download the applicable app or access or commence use the applicable Service); otherwise

you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If

you opt-out of these arbitration provisions, we also will not be bound by them.

21.8 Changes to this section: We will provide 60-days’ notice of any changes to this Section.

Changes will become effective on the 60th day and will apply prospectively only to any

claims arising after the 60th day.

22. JURISDICTION AND APPLICABLE LAW

Our Apps and other Services are made available subject to these terms. This section

explains which laws apply to these terms.

22.1 For residents in the United States. If you are resident in the United States then you are

contracting with Quote Boss, Ltd Pty., whose address is 211 Box Rd, Sylvania, 2224, NSW,

Australia, and any and all claims arising out of or relating to these terms (including their

interpretation, claims for breach and all other claims (including consumer protection, unfair

competition, and tort claims)), the parties’ relationship with each other and/or your use of our

Apps or other Services will be subject to the laws of the Australia, without reference to

conflict of laws principles. If any court or arbitrator determines that the “Class Action Waiver”

paragraph set forth above is void or unenforceable for any reason or that an arbitration can

proceed on a class basis, then any and all claims arising out of these terms (including

interpretation, claims for breach, and all other claims (including consumer protection, unfair

competition, and tort claims)) shall be decided under the laws of the state where you were a

citizen at the time you downloaded, accessed or commenced use of the Service that was

subject to these terms. In addition, you and we irrevocably consent to the exclusive

jurisdiction and venue of state or federal courts in San Mateo County, California to resolve

any claims that are subject to exceptions to the arbitration agreement described in BINDING

ARBITRATION AND CLASS ACTION WAIVER above, or otherwise determined not to be

arbitrable.

22.2 For residents in the Rest of the World. If you are resident outside the United States,

then you are contracting with Quote Boss, Ltd Pty. whose address is 211 Box Rd, Sylvania,

2224, NSW, Australia and the laws of the United States shall govern the interpretation of

these terms and apply to claims for breach of it, without reference to conflict of laws

principles. All other claims, including claims regarding consumer protection laws, unfair

competition laws, and claims in negligence and tort, will be subject to the laws of the country

in which you are resident. If there is a dispute between us regarding these Terms of Use,

then that dispute will be subject to the jurisdiction of the courts of the United States unless

the law in your country of residence allows you to choose the courts of that country for the

dispute in question.

23. If you are resident outside the United States and you are entitled to commence and/or participate in legal proceedings within the United States,

then you agree that you will be bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.

24. Questions about these terms

24.1 If you have any questions about these terms or our Services you may contact us by

email at support@quoteboss.com.

These terms were last updated on 12 October 2019.

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