Legal Information

Privacy Policy
Terms & Conditions
Membership Agreement
Services and Products Agreement
Rules of Use


Privacy Policy

Quick-Draw Inc. (referred to in this document as QDI) has long recognized that individuals and companies with whom we conduct business value their privacy. However, in order to conduct global business in this increasingly electronic economy, the collection of information is often necessary and desirable. It is QDIs goal to balance the benefits of internet marketing with the right of individuals and companies to prevent the misuse of their information.

The collection of personal information
This Website does not collect any personally identifying information about you except when specifically and knowingly provided by you. In some circumstances, QDI may request information from you, like your name, e-mail address, company name, or telephone number. Your response to these inquiries is strictly voluntary. QDI uses this information to customize your experience on our web site. In addition, Quickspace may use this information for other business purposes, such as to alerting you to products and services that can assist you in your business, promoting site registration, and assisting in order processing.
In general, you can visit our site without divulging any personal information. However, there are areas of this site that require this information to complete their customization functions, and may not be available to those choosing not to reveal the information requested.

Collecting domain information
QDI also collects domain information as part of its analysis of the use of this Website. You authorize QDI to collect and retain all relevant information relating to your use of this Website. You further authorize any third party to provide QDI with such information. QDI may use IP addresses (which are not linked to personally identifiable information) to analyze trends, administer this Website, track individual user's movements and gather broad demographic information for aggregate use. This data enables us to become more familiar with which customers visit our site, how often they visit, and what parts of the site they visit most often. QDI uses this information solely to improve its Web-based offerings and will not be disclosed to third parties without your consent. This information is collected automatically and requires no action on your part.

Disclosure to third parties
However, you agree that QDI may disclose any such information to third parties if QDI believes in good faith that such release is reasonably necessary to ensure adherence to or enforce the Terms and Conditions, satisfy any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

In cases where we believe your business interests will be served, QDI may share your contact information (with the exception of account, and ordering information) with QDI Business Partners, who can alert you about new products and services to improve your competitive edge. If you receive unwanted marketing materials from any of our Business Partners, please let them know that you wish to be removed from their contact list.

Use of cookies
Some pages on this site use "cookies," which are small files that the Website places on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. You should note that cookies cannot read data off of your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.

Quickspace reserves the right to change, modify, or update this statement at any time without notice.

Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact Quick-Draw's Privacy Officer:

Web Administrator
Quick-Draw Inc.
9320-49 Street
Edmonton, Alberta
Canada, T6B 2L7

info@qdiweb.com

 

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Terms & Conditions

These terms and conditions of use, as changed or replaced from time to time ("Terms and Conditions") constitute a legal agreement between you and Quick-Draw Inc. ( QDI )concerning your use of Website located at www.qdiweb.com (Website) By using this Website, you agree to be bound by the Terms and Conditions, and by all applicable laws and regulations. If you do not accept the Terms and Conditions, you must exit from this Website immediately.

Content and Revisions
The content of the Website, including the text, graphics, images, and other material contained on this Website, are provided for general information purposes only. While QDI uses reasonable efforts to ensure all information on this Website is accurate and current, your use of this Website is at your own risk. QDI reserves the right to change or discontinue any aspect of this Website, including the Terms and Conditions, without notice. We recommend that you review the Terms and Conditions each time you access this Website. Your continued use of this Website will confirm your acceptance to be bound by any new terms or conditions.

Limitation of Liability
QDI, its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the "Quick-Draw Entities") are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to use the Website including, but not limited to:

(a) the performance of this Website or the Internet;

(b) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from this Website or the Internet;

(c) loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through this Website or the Internet, even if you were not aware that any such loss would be incurred;

(d) loss or damage resulting from delays, computer viruses or interruption of this Website or the Internet, including deletion or failure to store messages, regardless of cause;

(e) loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet; and

(f) any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business interruption or loss of data, revenue or lost profit, resulting from or relating in any way to use of the Website even if the Quick-Draw Entities have been advised of the possibility of such damages.

This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.

Disclaimer
Without limiting the foregoing, this Website and its content is provided to you "as is" and "as available" and QDI, to the fullest extent permitted by law, disclaims all warranties of every kind, whether express or implied, statutory or otherwise. QDI explicitly disclaims any representation, warranty or condition of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights, uninterrupted or error-free service, or inter-operability of products and services, whether arising by usage of trade, course of dealing, course of performance, statute, or otherwise.

You expressly acknowledge and agree that all use of the Website is at your own risk.

Use of Information
You agree not to use any information on this Website or linked to this Website in any claims, proceedings, suits or actions against Quick-Draw Entities.

Monitoring
QDI is under no obligation to monitor this Website and assumes no responsibility or liability for content changed without QDI's consent.

Privacy and Consent
The Parties agree to abide by the terms and conditions of the Privacy Policy, which is hereby incorporated by reference.

Links to Other Sites
This Website may contain links to sites and servers maintained by third parties over which QDI has no control. These sites are independent from QDI and the links have been provided solely for the convenience of users of this Website. QDI does not endorse, control or make any representations, warranties or conditions concerning their content or links.

It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which you should locate and review.

Intellectual Property
Any use of the content of this Website that is not expressly permitted by the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trade-mark or other laws. All rights not expressly granted herein are reserved.

Copyright
You should assume everything you see or read on this site is copyrighted unless otherwise noted. You are free to use the content for personal, non-commercial purposes provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content.

You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the content of this Website. You require QDI's written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.

Trade-Marks
CCertain names, words, titles, phrases, logos, icons, graphics or designs appearing on this Website may constitute registered or unregistered trade-marks, trade-names or service marks of QDI, or be used under license by QDI. The appearance of such trade-marks, trade-names and service marks in the Content does not convey any rights to you to use them. Title remains with QDI or its licensors.

Viruses and Internet Security
QQDI cannot and does not guarantee nor warrant that files available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties.

QDI assumes no responsibility or liability for any damage in connection with your access to or use of this Website or your downloading of any data, text, images, files or other materials from the site.

QDI assumes no responsibility or liability for any damage in connection with your access to or use of this Website or your downloading of any data, text, images, files or other materials from the site.

You acknowledge that when using this Website, information will be transmitted over a medium that is beyond the control and

Indemnity
You agree to defend, indemnify and hold harmless the Quick-Draw Entities from all demands, claims, liabilities, costs, expenses and damages, including legal fees, related to any violation of the Terms and Conditions by you, or in connection with your use of this Website, without limitation.

Governing Laws
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement.

If you access this Website from outside of Canada , you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

General
The Terms and Conditions, including the documents incorporated by reference, and the Membership Agreement, if applicable, represent the entire agreement between QDI and you concerning the use of this Website and its content.

QDI's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any other provision or right.

In the event that any portion of the Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the Terms and Conditions shall remain in full force and effect.

Contact Information
For questions about the foregoing or permissions regarding QDI's intellectual property, please contact

 

Quick-Draw at:

Quick-Draw Inc.
9320 - 49 St.
Edmonton, Alberta
Canada T6B 2L7

Phone: 780.466.2535
Fax: 780.462.1810
Toll Free: 1.888.777.2535
E-mail: info@qdiweb.com

 

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Membership Agreement

This Membership Agreement (“Agreement”) is a contract between you, your employer, and your corporate client, as the case may be, (collectively, “you”) and QDI Group of Companies (referred to in this document as “QDI”), a division of Quick-Draw Inc. (“Quick-Draw”). It sets out the terms and conditions of your access to and use of Quick-Draw’s qdiweb.com “digital marketing” solutions (the “qdiweb.com Service”) found on the Quick-Draw website found at www.qdiweb.com (“Website”) and also limits Quick-Draw’s liability. The qdiweb.com Service provides you with e-marketing solutions that include effective e-marketing promotions, all ready to deliver in a multi-format package.

The qdiweb.com Service includes the creation of our qdiweb.com Promo-pak solutions and the Promo-pak Creator application. qdiweb.com solutions can also include web design and hosting, graphic design, commercial CAD services, and other solutions Quick-Draw may offer from time to time.

In consideration for your access to and use of any or all of the qdiweb.com Service, you agree to be bound by the terms of this Agreement, without modification. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE TO OR USE THE QUICKSPACE.COM SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR ACCOUNT, IF ANY ( see Section 36).

Types of Plans and Additional Services
1. The qdiweb.com Service is provided and charged according to the plan selected by you or agreed upon by you and Quick-Draw. Currently there are two types of plans, monthly membership plans and annual membership plans.

2. From time to time, in addition to the qdiweb.com service originally subscribed for you may wish to make use of additional services and/or modules. In order to receive these you must contact Quick-Draw directly through one of the means noted in section 49 of this Agreement.

Amendments to this Agreement
3. Quick-Draw reserves the right to amend this Agreement. Except as provided herein, prior to any amendment, Quick-Draw will first publish the proposed amendment with a stated effective date, on the qdiweb.com Web Site. If the amendment is unacceptable, you may terminate your qdiweb.com Service account as described in Section 37. If you continue to use the qdiweb.com Service after the amendment becomes effective, you will be conclusively deemed to have accepted the amendment.

Service Changes
4. Quick-Draw reserves the right to change any aspect of the qdiweb.com Service as network, service or policy issues require. Quick-Draw will use reasonable efforts to advise customers of significant customer affecting changes to the qdiweb.com Service by posting a notice of such changes on the qdiweb.com Web Site.

Your Account
5. As the qdiweb.com Service account holder, you are responsible for your account and the maintenance of your login password, and the confidentiality of both. You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of Quick-Draw, to have been an unauthorized intrusion. If you believe that there has been unauthorized access to your account, please notify Quick-Draw immediately at support@qdiweb.com.

Payment
6. Prior to being able to access and use the qdiweb.com Service, you will pay for qdiweb.com Service and any additional services and/or modules in accordance this Agreement . You will pay for your use of the qdiweb.com Service in the amounts and on the basis applicable to the qdiweb.com Service(s) you have purchased, until your account is terminated. If you are charged a monthly fee for access to the qdiweb.com Services, data storage and support. This monthly charge continues until you change or discontinue your plan. The monthly fee is due upon commencement of the membership and monthly thereafter on the "monthly anniversary date". On each monthly anniversary date, you will be charged the applicable monthly fee. Annual fees will be paid in advance and will be due on the anniversary date of this Agreement. Interest shall accrue on any payments not received when due at 2% per month (24% per annum). If you have chosen or are required to make payment via a credit card:

(a) You hereby authorize Quick-Draw to charge your credit card for qdiweb.com Service (including additional services and modules subscribed for). You agree to pay the total amount of said charges to card issuer in accordance with card issuer agreement. If you have a monthly membership plan, you also hereby authorize Quick-Draw to charge your credit card for qdiweb.com Service (including additional services and modules subscribed for) on a regular once-per-month basis on the monthly anniversary date; and

(b) in the interest of consumer protection and for verification purposes only, Quick-Draw reserves the right (but not the obligation) to request, via e-mail, that you fax to Quick-Draw a copy of the credit card you are using for payment. If Quick-Draw does not receive the requested fax within 72 hours of the request, Quick-Draw will have the option to suspend your account. If your account is suspended, Quick-Draw will then send you a second request for a copy of the credit card you are using for payment. If Quick-Draw does not receive a response to this second request within 5 days of the date of that request, your account will be terminated.

Customer Software and Hardware
7. You acknowledge that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to the qdiweb.com Service, including, without limitation, software and modems for Internet access.

Support
8. For annual membership plans, fees may or may not be applicable depending on the terms agreed to by you and Quick-Draw in addition to this Agreement. Please refer to the other agreement executed by yourself and Quick-Draw for further information.

9. For monthly membership plans, Quick-Draw will provide, at no charge, reasonable support only for the Quickspace.com Service via email. You can contact Quick-Draw support at support@qdiweb.com.

10. Quick-Draw will not provide support for components of your computer or network.

Use of the qdiweb.com Service
11. You are solely responsible for any content you provide to Quick-Draw for use in your promotions, including, but not limited to text, software, music, sound, photographs, video, graphics or other material (“Your Content”).

12. You are solely responsible for determining whether the qdiweb.com Service, or any portion thereof, is suitable for your purposes. Quick-Draw does not make any representation, express or implied, that any of the qdiweb.com Services will meet your business or other needs or requirements.

13. You are solely responsible for securing, maintaining and renewing any license registration, permit, authorization or approval necessary for the conduct of your business or activities.

14. SPAM is unsolicited commercial email, junk email or bulk email that has not been requested by a recipient. You agree and acknowledge that SPAM is a highly significant issue and that if SPAM complaints are issued to Quick-Draw’s upline service providers, these providers may shut down the qdiweb.com Web Site or take other action against Quick-Draw which may cause damage or liability to be incurred by Quick-Draw.

15. The qdiweb.com Service may be used only for lawful purposes. You agree not to:

(a) provide links to any communication where the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or where transmission is for the purpose of making an annoying or offensive communication to any other person;

(b) obstruct the qdiweb.com Service's identification procedures;

(c) engage in an unsolicited mass distribution of any message [NO SPAMMING!!!];

(d) engage in any activity which violates any applicable local law or regulation, including, without limitation, “anti-SPAM” laws or regulations;

(e) disrupt or interfere with the qdiweb.com Service, any other Quick-Draw service or the service of any other Internet access provider;

(f) engage in any activity that could compromise the security of the qdiweb.com Service or the security of other computers on the Internet;

(g) share, resell, or provide, as part of any commercial transaction, the qdiweb.com Service to any third party; and

(h) otherwise violate Quick-Draw’s Rules of Use or Terms and Conditions in any manner. Quick-Draw’s Rules of Use are hereby incorporated by reference into this Agreement.

16. Quick-Draw does not verify, endorse, or otherwise vouch for the content of your promotional materials and Quick-Draw will not be held legally liable for the content of such promotional materials. Without limiting the foregoing, Quick-Draw is not responsible for the validity, delivery and warranty of any goods or services sold or advertised using your promotional materials.

17. The opinions and views expressed in any promotional materials created using the qdiweb.com Service do not in any way reflect the views and opinions of Quick-Draw.

18. You agree to abide by all applicable local, provincial, national and international laws and regulations when using any qdiweb.com Service.

Proprietary Rights
19. You acknowledge that any content not provided by you (including, but not limited to text, software, music, sound, photographs, video, graphics or other material) contained in promotional materials prepared using the qdiweb.com Service, is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Any reverse engineering of this Website or of any qdiweb.com Service or product is strictly prohibited.

20. You further acknowledge that certain names, words, titles, phrases, logos, icons, graphics or designs appearing on Promotional Materials prepared using the qdiweb.com Service (“Promotional Materials”) may constitute registered or unregistered trade-marks, trade-names or service marks of Quick-Draw, or be used under license by Quick-Draw. The appearance of such trade-marks, trade-names and service marks in the promotional materials or Promotional Materials does not convey any rights to you to use them, except as required to comply with this Agreement.

21. Unless otherwise agreed in writing, Quick-Draw shall own all right, title and interest in and to all Promotional Materials, including any and all intellectual property rights in and to such Work Product. You hereby assign to Quick-Draw any and all intellectual property rights you may have or may acquire in or to the Promotional Materials. Quick-Draw hereby grants you, for the duration of this Agreement, a non-exclusive non-transferable license to use the Promotional Materials solely for your own, internal purposes and in compliance with this Agreement. Quick-Draw does not claim ownership of any of Your Content s you provide to Quick-Draw (including feedback and suggestions) for the creation of promotional materials by Quick-Draw , or that you otherwise post, upload, input or submit to Quick-Draw, however, by doing so, you grant to Quick-Draw and its affiliates:

(a) a license and permission to use Your Content in connection with the operation of Quick-Draw’s businesses and the provision of services to you or others, including, without limitation in Quick-Draw’s or its affiliated associates’ marketing, advertising and promotional materials and activities. This license and permission, includes without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content or to publish your name in connection with Your Content; and

(b) the right to sublicense the above rights.

22. No compensation will be paid to you with respect to any of Quick-Draw’s use of Your Content and Quick-Draw is under no obligation to use any of Your Content you may provide and Quick-Draw may cease using any of Your Content at any time in its sole discretion.

23. You represent and warrant to Quick-Draw that you hold all necessary rights, including without limitation, copyright and trade-mark rights, to possess, use, transmit and license any of Your Content that you post, upload, input or submit to Quick-Draw and that Your Content and the use of such does not violate or infringe upon any third party’s rights, including without limitation, copyright and trade-mark rights...

24. Unless otherwise agreed in writing, you must retain all Quick-Draw or qdiweb.com branding that appears in any promotional materials or Promotional Materials prepared by Quick-Draw Entities.

Limitation of Liability
25. Quick-Draw, its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “Quick-Draw Entities”) are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to use any qdiweb.com Service or Promotional Materials, including, but not limited to:

(a) the performance of the Internet, any qdiweb.com Service, the Website, any Promotional Materials, or any network or system outages;

(b) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Website or the Internet, or through the use of any qdiweb.com Service or Promotional Materials;

(c) loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, the Website, the qdiweb.com Service, or any Promotional Materials, even if you were not aware that any such loss would be incurred;

(d) loss or damage resulting from delays, computer viruses, corruption or interruption of the qdiweb.com Service, the Website, or the Promotional Materials, including deletion or failure to store messages, regardless of cause;

(e) loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Website, the Internet, or in the qdiweb.com Service or Promotional Materials; and

(f) any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business interruption or loss of data, revenue or lost profit, resulting from or relating in any way to the inability to use or the use of the qdiweb.com Service, the Website, or any Promotional Materials, even if the Quick-Draw Entities have been advised of the possibility of such damages.

This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.

26. Circumstances may arise where you or another party is entitled to recover damages from one or more of the Quick-Draw Entities. In such instance, the aggregate liability of the Quick-Draw Entities for damages is limited to one hundred dollars.

27. Quick-Draw recommends that you maintain backup versions of all materials to protect against data losses of any kind.

Disclaimer
28. WITHOUT LIMITING THE FOREGOING, THE QDIWEB.COM SERVICE,THE WEB SITE, AND PROMOTIONAL MATERIALS IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND QUICK-DRAW, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. QUICK-DRAW EXPLICITLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, UNINTERRUPTED OR ERROR-FREE SERVICE, OR INTER-OPERABILITY OF PRODUCTS AND SERVICES, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, STATUTE, OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE WEB SITE AND THE QUICKSPACE.COM SERVICES IS AT YOUR OWN RISK.

Indemnities
Quick-Draw Indemnifies You

29. Notwithstanding anything in sections 25 or 26 above, Quick-Draw agrees to indemnify you for all demands, claims, liabilities, costs, expenses and damages, including legal fees, which result from any third party claims alleging that any Promotional Materials, except to the extent that it contains Your Content, infringes the intellectual property rights of a third party. Quick-Draw will not be required to indemnify you for any such claims if you have modified the Promotional Materials and such modification is the cause of such claim, if the alleged infringement arises from use of Your Content, if the claim is based on the combination of the qdiweb.com Services or Promotional Materials with the products or services of a third party, or if the claim is based on your use of the qdiweb.com Services or Promotional Materials other than in accordance with this Agreement. In any event, Quick-Draw’s liability under this section is limited to the amounts you have paid to Quick-Draw under this Agreement

You Indemnify Quick-Draw

30. You agree to defend, indemnify and hold harmless the Quick-Draw Entities from all demands, claims, liabilities, costs, expenses and damages, including solicitor and his own client legal fees, which result from the use, by anyone, of your qdiweb.com Service account or your contravention of any term of this Agreement, without limitation.

Security and Compliance
31. You acknowledge that Quick-Draw has no obligation to monitor use of the Website, the qdiweb.com Service or any Promotional Materials by any customer or other person, including the content of any web sites created using the qdiweb.com Service. However, you agree that Quick-Draw has the right to electronically monitor the qdiweb.com Service to ensure adherence to the terms and conditions of this Agreement, to satisfy any laws or regulations, to operate the qdiweb.com Service or to protect itself or others.

32. You acknowledge that use of the qdiweb.com Service may involve the transmission over the Internet of proprietary and confidential information and that Quick-Draw cannot guarantee the security of such transmissions.

33. Quick-Draw uses industry standard security measures that are designed to protect against unauthorized access by third parties to customer account information. However, you acknowledge that Quick-Draw cannot guarantee the security or confidentiality of any such information.

34. In the event that Quick-Draw receives a complaint relating to use of the qdiweb.com Service by a customer, Quick-Draw may, in its sole discretion, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any material from its servers. If your account is so affected, Quick-Draw will use reasonable efforts to notify you of this proceeding.

35. The Parties agree to abide by the terms and conditions of the Privacy Policy, which is hereby incorporated by reference

Termination
36. Sections 6 (with respect to unpaid amounts), 16-26, 28-30, 32, 33 , 35, 36, and 42-49 shall survive any termination or expiration of this Agreement.

37. You may stop using the qdiweb.com Service at any time and terminate your account by contacting Quick-Draw using the contact information below.

38. Quick-Draw may, in its sole discretion, suspend, restrict or terminate your qdiweb.com Service account at any time, for any reason, including without limitation because:

(a) any amount is past due from you to Quick-Draw;

(b) you have been or are in breach of any term or condition of this Agreement, the qdiweb.com Rules of Use or the qdiweb.com Terms and Conditions.

39. If your qdiweb.com Service account is terminated there will be no refund for the remainder of the period for which you have paid for qdiweb.com Service or additional services or modules. Termination of your account does not relieve you from any amounts or other liability owing to Quick-Draw accruing prior to the time that such termination becomes effective.

40. Quick-Draw will use reasonable efforts to inform you prior to suspending, restricting or terminating your qdiweb.com Service account, unless Quick-Draw is terminating your account for the reasons set out in (a) or (b) of Section 38.

41. Quick-Draw shall have no responsibility to notify any third party, including any of your customers, of any suspension, restriction or termination of your account. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.

General
42. This Agreement, and all the documents incorporated herein, and any documents incorporating this Agreement into such documents, represent the entire agreement between Quick-Draw and you concerning the qdiweb.com Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Quick-Draw and you with respect to the qdiweb.com Service, the Website and Promotional Materials.

43. Quick-Draw’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any other provision or right.

44. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

45. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of this Agreement shall remain in full force and effect.

46. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement. Any cause of action you may have with respect to this Agreement, the Website, the , Promotional Materials, or the qdiweb.com Service must be commenced within one year after the claim or cause of action arose, or it shall be barred.

47. The headings in this Agreement are for convenience only and have no legal or contractual effect.

48. Quick-Draw may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.

49. For questions relating to this Agreement, or to terminate your account, please contact Quick-Draw at:

 

Quick-Draw Inc.
9320 - 49 St.
Edmonton, Alberta
Canada T6B 2L7

Phone: 780.466.2535
Fax: 780.462.1810
Toll Free: 1.888.777.2535
E-mail: info@quick-draw.com

 

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Services and Products Agreement

This Services and Products Agreement (“Agreement”) is a contract between you, your employer, and your corporate client, as the case may be, (collectively, “you”) and Quick-Draw Inc. ( “QDI” ). It sets out the terms and conditions of your licensing products ("Products") and purchasing services ("Services")pursuant to an order form, purchase order or other documentation or webpage that incorporates this Agreement by reference (collectively, "Order Form").

Amendments to this Agreement
1. QDI reserves the right to amend this Agreement. Except as provided herein, prior to any amendment, QDI will first publish the proposed amendment with a stated effective date, on the qdiweb.com Web Site. If the amendment is unacceptable, you may terminate your Services or license to a Product in accordance with this Agreement. If you continue to use the Service or license the Product after the amendment becomes effective, you will be conclusively deemed to have accepted the amendment.

Service Changes
2. QDI reserves the right to change any aspect of the Service or its Product as network, service or policy issues require. QDI will use reasonable efforts to advise customers of significant customer affecting changes to the Service or Product by posting a notice of such changes on the qdiweb.com Web Site.

Payment
3. You agree to make all payments due as set out in the Order Form or other agreement between you and QDI.

Customer Software and Hardware
4. You acknowledge that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to the Service or Product, including, without limitation, software and modems for Internet access.

Support
5. Support fees may or may not be applicable depending on the terms of the Order Form, or as otherwise agreed to by you and QDI in addition to this Agreement. Please refer to the Order Form or other agreement executed by yourself and QDI for further information.

6. QDI will not provide support for components of your computer or network.

Your Content
7. You are solely responsible for any content you provide to QDI with respect to the Service for use in your promotions, including, but not limited to text, software, music, sound, photographs, video, graphics or other material (“Your Content”).

Choice of Service or Product
8. You are solely responsible for determining whether the Service or Product, or any portion thereof, is suitable for your purposes. QDI does not make any representation, express or implied, that any of the Services or Products will meet your business or other needs or requirements.

Registrations
9. You are solely responsible for securing, maintaining and renewing any license registration, permit, authorization or approval necessary for the conduct of your business or activities.

Rules of Use
10. SPAM is unsolicited commercial email, junk email or bulk email that has not been requested by a recipient. You agree and acknowledge that SPAM is a highly significant issue and that if SPAM complaints are issued to QDI’s upline service providers, these providers may shut down the Web Site or take other action against QDI that may cause damage or liability to be incurred by QDI.

11. The Website or any Service, Product or Work Product may be used only for lawful purposes. You agree not to:

(a) provide links to any communication where the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or where transmission is for the purpose of making an annoying or offensive communication to any other person;

(b) obstruct any identification procedures;

(c) engage in an unsolicited mass distribution of any message [NO SPAMMING!!!];

(d) engage in any activity that violates any applicable local law or regulation, including, without limitation, “anti-SPAM” laws or regulations;

(e) disrupt or interfere with the Website or any Service, Product or Work Product, or the service or product of any other Internet access provider;

(f) engage in any activity that could compromise the security of the Website or any Service, Product or Work Product or the security of other computers on the Internet;

(g) share, resell, or provide, as part of any commercial transaction, any Service or Product to any third party; and

(h) otherwise violate QDI’s Rules of Use or Terms and Conditions in any manner. QDI’s Rules of Use are hereby incorporated by reference into this Agreement.

12. You agree to abide by all applicable local, provincial, national and international laws and regulations when using any Service or Product.

Proprietary Rights and Licenses
13. You acknowledge that any content not provided by you (including, but not limited to text, software, music, sound, photographs, video, graphics or other material) contained in any Service or Product, is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Any reverse engineering of this Website or of any qdiweb.com Service or product is strictly prohibited.

14. You further acknowledge that certain names, words, titles, phrases, logos, icons, graphics or designs appearing on or in association with Services or Products, and any work product or deliverables resulting from Services (“Work Product”) may constitute registered or unregistered trade-marks, trade-names or service marks of QDI, or be used under license by QDI. The appearance of such trade-marks, trade-names and service marks in the Products, Services Work Product does not convey any rights to you to use them, except as required to comply with this Agreement.

15. Unless otherwise agreed in writing, QDI shall own all right, title and interest in and to all Work Product, including any and all intellectual property rights in and to such Work Product. You hereby assign to QDI any and all intellectual property rights you may have or may acquire in or to the Work Product. QDI hereby grants you a non-exclusive, non-transferable, perpetual, royalty free license to use the Work Product solely for your own, internal purposes and in compliance with this Agreement. QDI does not claim ownership of any of Your Content s you provide to QDI (including feedback and suggestions) , or that you otherwise post, upload, input or submit to QDI, however, by doing so, you grant to QDI and its affiliates:

(a) a license and permission to use Your Content in connection with the operation of QDI’s businesses and the provision of Services to you or others, including, without limitation in QDI’s or its affiliated associates’ marketing, advertising and promotional materials and activities. This license and permission, includes without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Content or to publish your name in connection with Your Content; and

(b) the right to sublicense the above rights.

16. No compensation will be paid to you with respect to any of QDI’s use of Your Content and QDI is under no obligation to use any of Your Content you may provide and QDI may cease using any of Your Content at any time in its sole discretion.

17. You represent and warrant to QDI that you hold all necessary rights, including without limitation, copyright and trade-mark rights, to possess, use, transmit and license any of Your Content that you post, upload, input or submit to QDI and that Your Content and the use of such does not violate or infringe upon any third party’s rights, including without limitation, copyright and trade-mark rights.

18. Unless otherwise agreed in writing, you must retain all QDI or qdiweb.com branding that appears in any Work Product prepared by QDI Entities.

Limitation of Liability
19. QDI, its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “QDI Entities”) are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to use any Service, Product or Work Product, including, but not limited to:

(a) the performance of the Internet, any Service, Product, the Website, any Work Product, or any network or system outages;

(b) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Website or the Internet, or through the use of any Service, Product or Work Product;

(c) loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, the Website, the any Service, Product or Work Product, even if you were not aware that any such loss would be incurred;

(d) loss or damage resulting from delays, computer viruses, corruption or interruption of the Website, any Service, Product or Work Product, including deletion or failure to store messages, regardless of cause;

(e) loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Website, the Internet, or in the any Service, Product or Work Product; and

(f) any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business interruption or loss of data, revenue or lost profit, resulting from or relating in any way to the inability to use or the use of the Website, any Service, Product or Work Product, even if the QDI Entities have been advised of the possibility of such damages.

This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.

20. Circumstances may arise where you or another party is entitled to recover damages from one or more of the QDI Entities. In such instance, the aggregate liability of the QDI Entities for damages is limited to one hundred dollars.

Disclaimer
21. WITHOUT LIMITING THE FOREGOING, THE WEB SITE, AND ANY SERVICE, PRODUCT OR WORK PRODUCT IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND QDI, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES AND CONDITIONS OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. QDI EXPLICITLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, UNINTERRUPTED OR ERROR-FREE SERVICE, OR INTER-OPERABILITY OF PRODUCTS AND SERVICES, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, STATUTE, OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE WEB SITE AND any Service, Product or Work Product IS AT YOUR OWN RISK.

Indemnities

QDI Indemnifies You

22. Notwithstanding anything in sections 20 or 21 above, QDI agrees to indemnify you for all demands, claims, liabilities, costs, expenses and damages, including legal fees, which result from any third party claims alleging that any Service, Product, or Work Product, except to the extent that it contains Your Content, infringes the intellectual property rights of a third party. QDI will not be required to indemnify you for any such claims if you have modified the Service, Product, or Work Product and such modification is the cause of such claim, if the alleged infringement arises from use of Your Content, if the claim is based on the combination of the Service, Product or Work Product with the products or services of a third party, or if the claim is based on your use of the Work Content other than in accordance with this Agreement. In any event, QDI’s liability under this section is limited to the amounts you have paid to QDI under this Agreement.

You Indemnify QDI

23. You agree to defend, indemnify and hold harmless the QDI Entities from all demands, claims, liabilities, costs, expenses and damages, including solicitor and his own client legal fees, which result from the use, by anyone, of your qdiweb.com Service account or your contravention of any term of this Agreement, without limitation.

Security and Compliance
24. You acknowledge that QDI has no obligation to monitor use of the Website, the Service, Product or any Work Product by any customer or other person, including the content of any web sites created using the Service, Product or Work Product. However, you agree that QDI has the right to electronically monitor the Service, Product or Work Product to ensure adherence to the terms and conditions of this Agreement, to satisfy any laws or regulations, to provide the Service or Product, or to protect itself or others.

25. You acknowledge that use of the Service, Product or Work Product may involve the transmission over the Internet of proprietary and confidential information and that QDI cannot guarantee the security of such transmissions.

Privacy
26. The Parties agree to abide by the terms and conditions of the Privacy Policy, which is hereby incorporated by reference.

Termination
27. You may stop using the Service, Product or Work Product at any time and terminate this Agreement by contacting QDI using the contact information below.

28. QDI may, in its sole discretion, suspend or restrict your rights to use the Service, Product or Work Product, or terminate this Agreement for any reason, including without limitation because:

(a) any amount is past due from you to QDI;
(b) you have been or are in breach of any term or condition of this Agreement or the Terms and Conditions .

29. You will not be entitled to any refunds for the suspension or restriction or your rights to use the Service, Product or Work Product, or the termination of this Agreement, and you shall not be relieved from any amounts or other liability accruing or owing to QDI prior to the time that such suspension, restriction or termination becomes effective. Sections 6-9, 11-26, and 29-37 shall survive any termination or expiration of this Agreement.

General
30. This Agreement, and all the documents incorporated herein, and any documents incorporating this Agreement into such documents, represent the entire agreement between QDI and you concerning the Website, Service, Product or Work Product and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between QDI and you with respect to Service, Product or Work Product and the Website.

31. QDI’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any other provision or right.

32. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

33. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of this Agreement shall remain in full force and effect.

34. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement. Any cause of action you may have with respect to this Agreement, the Website, Service, Product or Work Product must be commenced within one year after the claim or cause of action arose, or it shall be barred.

35. The headings in this Agreement are for convenience only and have no legal or contractual effect.

36. QDI may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.

37. For questions relating to this Agreement, or to terminate your account, please contact QDI at:

 

Quick-Draw Inc.
9320 - 49 St.
Edmonton , Alberta
Canada T6B 2L7

Phone: 780.466.2535
Fax: 780.462.1810
Toll Free: 1.888.777.2535
E-mail: info@quick-draw.com

 

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Prohibited Activities
When using the Website, Work Product, or any QDI Service, you are prohibited from engaging in certain activities which include, but are not limited to, those described below.

While using the Website, Work Product, or any QDI Service, you are prohibited from engaging in or assisting others to engage in any activity that:

• Violates established or accepted network etiquette,
• Violates applicable FAQ's, policies, rules or guidelines of QDI or other parties,
• Disrupts or threatens the integrity, operation or security of the Website or any QDI Service or any computer or Internet system,
• Elicits complaints from other Internet users,
• Is contrary to any law or regulation, or
• In the sole judgment of QDI, is otherwise objectionable.

While using any QDI Service, Work Product or Website, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:

• Communicating hatred
• Pyramid selling
• Unauthorized use of a computer
• Mischief in relation to data
• Fraud
• Exploitation of Children
• Obscenity or Pornography

While using any QDI Service, Work Product or Website, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil, criminal or regulatory liability or responsibility or from otherwise violating the rights or assisting others to violate the rights of QDI or any third party, including, but not limited to, the violations listed below:

• Copyright infringement
• Trademark infringement
• Patent infringement
• Industrial design infringement
• Defamation


Need our number?

Phone: 780-466-2692
Fax: 780-462-1810

Quick-Draw Inc.
9320-49 Street
Edmonton, Alberta, Canada