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QIXIT.COM WEB SITE TERMS OF USE

Last Updated on August 7, 2007

The Qixit.com web site (the “Site”) is a service of Qix Information Technology, LLC, a Missouri limited liability company (“Qixit”, “us” or “we”).  These Qixit.com Web Site Terms of Use (“Terms of Use”) set forth the terms and conditions under which you may access and view the Site.  If you are a subscriber to the Qixit email and payment service (the “Qixit Service”), the current version of the Qixit Service Agreement applies to your use of the Qixit Service and if there is a conflict between the Qixit Service Agreement and these Terms of Use, the Qixit Service Agreement shall control. In these Terms of Use, the terms “you” and “your” means any person or entity that access or views the Site.

By ACCESSING OR VIEWING thE Site, you agree to these Terms of Use.  IF YOU DO NOT AGREE TO THESE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR VIEW THE SITE.   

PLEASE NOTE THAT, NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS OF USE OR ON THE SITE TO THE CONTRARY, THE SITE IS PROVIDED WITHOUT ANY WARRANTY AND SUBJECT TO LIMITATIONS ON OUR LIABILITY.  THESE PROVISIONS ARE IN SECTIONS 5 AND 6 BELOW.

WE MAY REVISE THESE TERMS OF USE AT ANYTIME.   WHEN WE DO, WE WILL ALSO REVISE THE “LAST UPDATED” DATE AT THE TOP OF THESE TERMS OF USE.   YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE CURRENT TERMS OF USE.  THE MOST CURRENT VERSION OF THE TERMS OF USE CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPERTEXT LINK LOCATED AT THE BOTTOM OF OUR WEB PAGES.  YOU AGREE THAT YOUR CONTINUED ACCESS AND/OR VIEWING OF THE SITE AFTER WE POST ANY REVISED TERMS OF USE CONSTITUTES YOUR AGREEMENT TO ANY SUCH REVISED TERMS OF USE.  ADDITIONALLY, FROM TIME-TO-TIME WE MAY POST ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO SPECIFIC PORTIONS OR FEATURES OF THE SITE AND EXPRESSLY PROVIDE THAT SUCH ADDITIONAL TERMS AND CONDITIONS SUPPLEMENT THESE TERMS OF USE.  IN SUCH EVENT, SUCH ADDITIONAL TERMS AND CONDITIONS SHALL BE DEEMED INCORPORATED INTO AND MADE A PART OF THESE TERMS OF USE.  YOU AGREE TO ABIDE BY SUCH ADDITIONAL TERMS AND CONDITIONS.  IF THERE IS A CONFLICT BETWEEN THESE TERMS OF USE AND SUCH ADDITIONAL TERMS AND CONDITIONS, SUCH ADDITIONAL TERMS AND CONDITIONS SHALL CONTROL WITH RESPECT TO YOUR USE OF THAT FEATURE OR PORTION OF THE SITE.

1.  General Use and Restrictions.

1.1  Use of Site.  Subject to the terms and conditions of these Terms of Use, you may access and view those portions of the Site that we intentionally make accessible to you solely to obtain information about the Qixit Service for your personal use.  You agree not to access, view or otherwise use the Site for any other purpose including, without limitation, any purpose that is prohibited by these Terms of Use or is otherwise unlawful.  You further agree to comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your access and viewing of the Site.  We may, in our sole discretion, terminate or suspend your access to and viewing of, the Site, or any portion thereof, at any time, with or without notice and for any reason (or no reason), and you agree that (a) if your authorization to access or view the Site is terminated, you will not thereafter access, view or attempt to access or view, the Site, directly or indirectly, and (b) if your authorization to access or view the Site is suspended, you will not thereafter access, view or attempt to access or view, the Site, directly or indirectly, until your suspension is removed and we give you express notice thereof.

1.2  Use of Content.  You may make a single copy and/or print a single copy of any information displayed on the Site that you are authorized to access (collectively, “Content”).  You agree that you will not reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving our express written permission.

1.3  Restrictions.  You agree not to (a) attempt to gain unauthorized access to any portion of the Site that is protected by password unless you are a subscriber to the Qixit Service, in which event you may access only your account on the Qixit Service, or (b) take any action to bypass any measures in place to prevent or restrict access to various portions of the Qixit Site.   You further agree not to, without first obtaining our express written permission, (x) use any of our trademarks as metatags on other web sites, (y) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, or (z) display any part of the Site in frames (or any Content via in-line links).  You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site.  You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your access and viewing of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.  

2.  Information You Provide.  If you provide any information to us, you agree to provide only true, accurate, current and complete information.  You further agree that you will not provide any information to us that (a) may infringe a copyright or trademark, or any other intellectual property right, (b) may violate the privacy rights of another, or (c) may violate any applicable municipal, state or federal law, rule, regulation or ordinance.  We do not have any obligation to monitor the Site.  However, we reserve the right at all times to change, edit, remove, move and/or fail to post any information or other materials for any reason whatsoever in our sole and absolute discretion.

3.  Linking.  We may provide hyperlinks to other web sites and Internet resources operated by parties other than Qixit.  We have no control over such sites and resources or their privacy policies.  Such hyperlinks are provided for your reference only.  The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.  Subject to the further provisions of this Section 3, we welcome links to the Site from other web sites.  If we demand that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at anytime after such demand is made.

4.  Intellectual Property.  Except for Content that is in the public domain, you acknowledge and agree that all right, title, and interest in and to the Site including, without limitation, all patents, copyrights, service marks, trademarks, trade secrets and other intellectual property rights in and to the Site, in each instance are owned exclusively by, and shall be retained exclusively by, Qixit and/or its applicable suppliers.  Subject only to the limited license granted to you in Sections 1.1 and 1.2 above, all rights in and to the Site are hereby reserved by Qixit.  You shall be deemed to assign to Qixit all right, title, and interest including, without limitation, all patent, copyright, trademark and related goodwill, trade secret and other intellectual property rights in and to any and all suggestions, enhancement requests, recommendations or other comments and/or feedback provided that you provide to Qixit relating to the Site and/or Qixit Service.

5.  No Warranties.  The Site is provided on an “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE” basis.  We do not promise or warrant that any aspect of the Site will work properly or will be continuously available, and we assume no liability or responsibility for any error or omission in respect of the Site.  Qixit makes no representations or warranties relating to the Site including, without imitation, any representation or warranties that (a) the Site shall meet your requirements, (b) the operation of the Site shall be uninterrupted or error free, and/or (c) any defects in the Site  will be corrected.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QIXIT MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT QIXIT KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), AND QIXIT HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QIXIT FURTHER DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE.  Some jurisdictions do not allow implied warranties to be excluded or modified, so not all of the above limitations may apply to you.

6.  Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QIXIT OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, EVEN IF QIXIT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QIXIT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO THE LOSS, DELAY OR INABILITY TO ACCESS OR VIEW THE SITE, WHETHER SUCH DAMAGES ARISE UNDER ACTIONS FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN ALL EVENTS, QIXIT’S AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SITE, WHETHER FOR BREACH OF CONTRACT, IN TORT OR OTHERWISE, SHALL BE LIMITED TO U.S. $5.00.

7.  Trademarks.  Qixit, Qixit.com and all related logos, products and services described in the Site are either trademarks or registered trademarks of Qix Information Technology, LLC or its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Qix Information Technology, LLC or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

8.  Governing Law and Jurisdiction.  The Site is hosted on servers located in the United States and is intended to be accessed and viewed by residents of the United States .  These Terms of Use are governed by the federal laws of the United States and by the laws of the State of Missouri , USA , except for its conflict of laws provisions.  In the event you desire to initiate any suit against Qixit arising out of or relating to the Site and/or these Terms of Use, you agree to bring such suit in the federal courts sitting in St. Louis, Missouri, USA unless no federal subject matter jurisdiction exists, in which case you agree to bring such suit in the state courts sitting in St. Louis County, Missouri, USA.  You further agree that we may initiate a suit against you arising out of or relating to the Site (including, without limitation, the Service) and/or these Terms of Use in such courts and you hereby waive all rights you may have or which may hereafter arise to contest jurisdiction or venue in such courts.

9.  Miscellaneous.  Except as otherwise expressly provided in these Condition of Use, these Terms of Use contain the full understanding with respect to your access and viewing of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such access and viewing of the Site.  A printed version of these Terms of Use of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  The failure of Qixit to insist upon or enforce strict performance by you of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  None of Qixit’s rights or remedies conferred by these Terms of Use are exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time.  If we bring any suit against you to enforce these Terms of Use or otherwise in connection with your access, viewing and/or other use of the Site, you agree that if we prevail in such suit we shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees.  Access to, and viewing of, the Site is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use.  You agree that any cause of action that you may desire to bring arising out of or related to these Terms of Use and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred.  You may not access or view the Site or export the Content in violation of U.S. export laws and regulations.