Terms

TERMS AND CONDITIONS

Please read these Terms of Use carefully. By accessing or using the websites or other products or services, including the application (collectively, the “Services”) of ClamQuest, LLC. (ClamQuest, "we," "our," or "us"), including the website located at www.clamquest.com (collectively, the "Site"), the person accessing or using the Site or the Services ("you" or "your") agrees to be bound by these Terms of Use.

YOU AGREE TO THESE TERMS BY USING THE SERVICES

Your access to, and use of, the Site and Services is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Services, you accept, without limitation or qualification, these Terms of Use. ClamQuest may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Services constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by ClamQuest.

If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the Site and cease using the Services immediately.

PERMITTED USE OF THE SERVICES

The information and materials on the Site are provided for general informational purposes. You may access and use the Services solely for the purpose of using and enjoying the benefits of the Services as provided by ClamQuest. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content of the Services for any other purpose.

You represent, warrant and covenant that: (i) you will comply with all applicable laws, regulations and orders of any governmental authority in your use of this Site and Services (including, without limitation, all export control laws, regulations, and orders); (ii) you are not located in, under the control of, or a national or resident of any country to which export of any Site and/or Services is prohibited by U.S. law, regulation or order; and (iii) you will not upload or otherwise transmit to this Site any software or other materials that: (a) contain any viruses or other harmful code; (b) violate, misappropriate or infringe any patent, copyright, trademark, trade name, trade dress, trade secret, right of publicity, right of privacy, moral right, right of attribution or integrity or any other intellectual property right or proprietary right (collectively, "Proprietary Rights") of any person or entity; or (c) contain any material that is libelous, defamatory or portrays any person in a false light.

USER SUBMITTED CONTENT

The Services may, from time to time offer interactive features that allow users to submit content to the Services. ClamQuest does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Services, ClamQuest is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, ClamQuest reserves the right to block or remove communications or materials that it determines to be unacceptable to ClamQuest in its sole discretion.

Harassment in any manner or form on the Site or the Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a ClamQuest employee, host, or representative, as well as other members or visitors on the Site or users of the Services is prohibited. You may not upload to, distribute, or otherwise publish through the Services any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.

NOTICE: ELECTRONIC COMMUNICATIONS

When you visit this Site, use the Services or send e-mails to ClamQuest, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

DISCLAIMER - WARRANTY

THE SERVICES, THE CONTENT, MATERIALS AND PRODUCTS ON THE SITE AND SERVICES ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ClamQuest HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ClamQuest does not represent or warrant that the functions contained in the Services will be uninterrupted or error-free, that the defects will be corrected, or that the Services or the server that makes the Services available are free of viruses or other harmful components. ClamQuest does not make any warrantees or representations regarding the use of the materials in the Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. ClamQuest does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ClamQuest, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Services using your Internet account.

LIMITATIONS AND LIABILITY

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. NEITHER ClamQuest, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR THEIR CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

THIRD-PARTY SERVICES

In an attempt to provide increased value to our visitors, ClamQuest may link to or provide Services integrated with sites or services operated by third parties (collectively, “Third Party Services”). However, even if the third party is affiliated with ClamQuest, ClamQuest has no control over these Third Party Services, all of which may have separate privacy and data collection practices, independent of ClamQuest. These Third Party Services are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, ClamQuest specifically disclaims any responsibility if such Third Party Services: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

ClamQuest does not endorse the content, or any products or services available, on such Third Party Services. Nonetheless, ClamQuest seeks to protect the integrity of its Services and therefore requests any feedback on not only its own Services, but for Third Party Services it links to or integrates with as well (including if a specific link or integration does not work).

TRADEMARKS

The following trademarks are our property: ClamQuest name and logo. These marks may not be used without our consent on any product or service, except our own.

All content included on the Site and Services, such as text, graphics, applications, animations, characters, user interfaces, trademarks, logos, tradenames, artwork, logos, button icons, images, audio clips, digital downloads, data compilations, computer code, and software (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the website and application is the property of ClamQuest or its content suppliers and protected by trade laws, copyright, patent and trademark laws, and any other applicable laws. The compilation of all content in the Services is the exclusive property of ClamQuest and protected by United States and international copyright laws. All software used in the Services is the property of ClamQuest or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site or the Services.

ClamQuest (and our licensors) remain the sole owner of all right, title, and interest in such Content. Except as stated in these Terms and Conditions, ClamQuest does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Content. ClamQuest reserves all rights not granted under these Terms and Conditions.

ClamQuest respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at support@clamquest.com.

EXPORT CONTROL

Software and other materials downloaded or otherwise made available from the Services may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Services may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

ClamQuest does not authorize the downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by the United States Export Control Laws.

LAW AND JURISDICTION

These Terms of Use and your use of the Services are governed by the laws of the State of Florida, without regard to its choice of law provisions. The courts of general jurisdiction located within the State of Florida will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Services or in which these Terms of Use and/or the Services are a material fact.

ASSIGNMENT

ClamQuest may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

ACCOUNT

You must be 13 or older to create a ClamQuest account. Anyone under the age of 18 must have approval of a parent or guardian.

Account Information: You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify ClamQuest immediately if you become aware of any unauthorized use of your account. Your ClamQuest account is strictly authorized for (A) personal use (B) sharing with your family members. You may not share your account information, whether intentionally or unintentionally with any third-parties other than your family or use another person’s account.

USER MISCONDUCT

You must not misuse the website or the Content. For example, you must not:

Use the website or the Content without, or in violation of, these Terms and Conditions or a written license or agreement with ClamQuest; use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, data mining or similar data gathering and extraction methods, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ClamQuest reserves the right to ban any such activity;

Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or any other Content obtained through the website which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder;

Upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or derivative works with respect thereto, as the website is copyrighted as a collective work under copyright laws

Upload, post, publish or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation any applicable export laws and regulations;

Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information, software or any other Content obtained through the website for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);

Restrict or inhibit any other user from using and enjoying the website;

Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by the website) or engage in spamming or flooding;

Impersonate any other person or entity or misrepresent your affiliation with any other person or entity;

Post or transmit any information or software which contains a virus, trojan horse, worm, or other harmful component

Enable or allow others to use the website or the Content using your account information

Create ClamQuest accounts for the purpose of violating these Terms and Conditions or for circumventing account termination or other types of actions taken by ClamQuest.

ClamQuest has no obligation to monitor the website. You acknowledge and agree, however, that ClamQuest does retain the right to monitor the website and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the website properly, or to protect itself or its subscribers. ClamQuest will not intentionally monitor or disclose any private electronic-mail message unless required by law. ClamQuest reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

LINKS FROM AND TO THE WEBSITE OR APPLICATION

You acknowledge and agree that ClamQuest and any of its business affiliates or customers have no responsibility for the accuracy or availability of information provided by linked websites. Links to external websites do not constitute an endorsement by ClamQuest or its business affiliates or customers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. ClamQuest does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that ClamQuest is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.

PRIVACY

ClamQuest's Privacy Policy applies to use of the Website and Application, and its terms are made a part of these Terms and Conditions by this reference. For information about how ClamQuest collects, uses, shares, or otherwise processes information about you and your use of our website and apps, please see our privacy policy at www.clamQuest.com/legal.

Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Services by electronic mail or otherwise will be used by ClamQuest in accordance with the Privacy Policy. Any other communication or material you transmit to the Services, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.

QUESTIONS AND FEEDBACK

We welcome your questions, comments, and concerns about the Services. Please send us any and all feedback pertaining to the Services to support@clamquest.com.