cyqlr software Terms and Conditions of Use
1. Terms
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on cyqlr software’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials.
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
- Attempt to decompile or reverse engineer any software contained on cyqlr software’s web site.
- Remove any copyright or other proprietary notations from the materials. or
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by cyqlr software at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer
The materials on cyqlr software’s web site are provided “as is”. cyqlr software makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, cyqlr software does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no event shall cyqlr software or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on cyqlr software’s Internet site, even if cyqlr software or a cyqlr software authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on cyqlr software’s web site could include technical, typographical, or photographic errors. cyqlr software does not warrant that any of the materials on its web site are accurate, complete, or current. cyqlr software may make changes to the materials contained on its web site at any time without notice. cyqlr software does not, however, make any commitment to update the materials.
6. Links
cyqlr software has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by cyqlr software of the site. Use of any such linked web site is at the user’s own risk.
7. Site Terms of Use Modifications
cyqlr software may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
8. Governing Law
Any claim relating to cyqlr software’s web site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
9. General Conditions
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of cyqlr software.
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- Cyqlr software does not warrant that the service will be uninterrupted, timely, secure, or error-free.
- Cyqlr software does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We may, but have no obligation to, remove Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
- cyqlr software does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- You expressly understand and agree that cyqlr software shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall cyqlr software or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, cyqlr software partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Technical support is only provided to paying account holders and is only available via email, online request or phone.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by cyqlr software.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any cyqlr software customer, cyqlr software employee, member, or officer will result in immediate account termination.
- We do not claim any intellectual property rights over the material you provide to the cyqlr software service. All material you upload remains yours. You can remove your cyqlshop store at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading images and item description content to the cyqlshop database, you agree to allow other cyqlshop users to view them and you agree to allow cyqlr software to display and store them and you agree that cyqlr software can, at any time, review all the content submitted by you to its Service.
- The failure of cyqlr software to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and cyqlr software and govern your use of the Service, superseding any prior agreements between you and cyqlr software (including, but not limited to, any prior versions of the Terms and Conditions).
- You retain ownership over all content that you submit to a cyqlshop store however, by making your store public, you agree to allow others to view your content.
- cyqlr software does not pre-screen content and it is in their sole discretion to refuse or remove any content that is available via the Service.
- Questions about the Terms and Conditions should be sent to info@cyqlr.com.
10. Payment of Fees
- A valid credit card is required for all accounts.
- The service will be billed in 30-day intervals. When your billing period is over cyqlr software users will be sent an invoice via email. As well, an invoice will appear on the account page of your cyqlr software administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only Canadian (federal or provincial) taxes.
- cyqlr software does not provide refunds or partial month credits.
11. Cancellation and Termination
- You may cancel your account at anytime by emailing info@cyqlr.com or calling 1-877-877-9757 and selecting option 3.
- Once your account is cancelled all of your content will be immediately deleted from the Service. We are not able to retrieve deleted accounts or account information.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the any cyqlr software service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, cyqlr software may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
12. Modifications to the Service and Prices
- Prices for using cyqlr software are subject to change upon 14 days notice from cyqlr software. Such notice may be provided at any time by posting the changes to the cyqlr software Site (cyqlrsoftware.com) or the administration dashboard of your cyqlshop or cyqlbuilder via an announcement.
- cyqlr software reserves the right at any time to modify or discontinue, the Service (or any part thereof) with or without notice.
- cyqlr software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
13. Access to Password Protected or Secured Areas
Access to and use of password protected or secured areas of this web site is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this web site. You are solely responsible for maintaining the confidentiality of any username and password that you choose or is chosen by your web administrator on your behalf, to access this web site as well as any activity that occur under your username/password. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Materials you are exposed to through this web site.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.