Terms of Service
The following text outlines the terms of HQDuck.com
Acceptance of Terms
The contract below outlines HQDuck’s terms of service (“the Agreement”). By downloading, installing and using HQDuck’s software, products and services (“the Services”) you agree and acknowledge that you have read and accept this Agreement in its entirety, and agree to be bound by its terms. These terms of service apply to all users of the Services.
Alexey Nikitin (“HQDuck”) reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If the alterations constitute a material change, HQDuck will notify you by posting an announcement on the HQDuck website. What constitutes a material change will be determined at HQDuck’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using our Services following notification of a material change to this Agreement shall constitute your acceptance of the Agreement as modified.
1. HQDuck grants you a non-exclusive, non-transferable right to use the service, solely for your own personal purposes subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by HQDuck.
You shall not, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Services.
2. HQDuck is providing this service on an “as is, as available” basis without representation or warranty of any kind. HQDuck does not guarantee as to the continuous availability of the service or of any specific feature(s) of the service. HQDuck will inform you of any significant changes to the service it may occasionally make. HQDuck may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
The speed and quality of the Service may vary and the Service is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair, and may be interrupted, refused, limited or curtailed. HQDuck is not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, messages or pages whether or not related to interruptions or performance issues with the Service.
3. A computer or other equipment enabled to access the Internet (“Device”) is required to utilize the Service. You are solely responsible for ensuring that your Device is sufficient and compatible for use with the Service.
4. You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data.
5. HQDuck graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks or trade dress of Alexey Nikitin. HQDuck’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HQDuck. HQDuck images and icons may be used by third party sites in connection with providing appropriate links to the HQDuck website.
6. You agree that HQDuck, in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Service at any time. HQDuck may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, with or without notice.
7. While all amounts paid are non-refundable, certain refund requests may be considered by HQDuck on a case-by-case basis and granted at the sole discretion of HQDuck.
DISCLAIMER OF WARRANTIES
8. HQDuck makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. HQDuck does not represent or warrant that:
9. The Service is provided by HQDuck on and “as is” “as available” basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.
LIMITATION OF LIABILITY
10. In no event shall HQDuck be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of HQDuck, for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to HQDuck in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.
RELEASE AND INDEMNITY
11. You hereby expressly and irrevocably release and forever discharge HQDuck, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
12. You hereby agree to indemnify and hold harmless HQDuck, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of:
You may contact HQDuck by email at firstname.lastname@example.org
Updated – 30 August 2018