QRLOCKBOX / QRLOCATION TERMS OF SERVICE
Last updated: December 2018
Acceptance of Terms
Welcome to QRLockBox / QRLocation (https://QRLockBox.com), owned and operated by Mavik Technologies, LLC., a Florida LLC (collectively “QRLockBox / QRLocation”). QRLockBox / QRLocation provides tools and technology to make it easier than ever to receive packages on your schedule. QRLockBox / QRLocation uses the website, mobile application, a connected transfer box, software, processes, and services to allow users to accept and send packages vial all major delivery companies (collectively the “Services”).
By using the Services, you agree to comply with and be legally bound by these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and QRLockBox / QRLocation. In these Terms, “you,” “your,” and “User” refer to the individual or entity that uses the Services. “We”, “us”, or “our” refer to QRLockBox / QRLocation. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its Users, its Administrators, and its affiliates to these Terms. If you are accessing the Services in your capacity as a United States government entity, you are responsible for complying with special US Government Terms that apply to you.
Please read carefully these Terms and our Privacy Policy (which are incorporated herein and may be found at https://QRLockBox.com/privacy), as it (among other things) requires that you and QRLockBox / QRLocation arbitrate certain claims instead of going to court and contains your agreement not to bring class action claims.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU SHOULD NOT REGISTER AS A USER, AND YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
Modification
QRLockBox / QRLocation reserves the right to modify or discontinue, temporarily or permanently, any aspect of the Services at any time and without prior notice. QRLockBox / QRLocation may also modify these Terms at any time, but if we do so, we will post the modification on the website or via the application and will provide you with reasonable notice before the changes taking effect. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification of these Terms, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cancel your account and stop using the Services.
Eligibility; Digital Signature
The Services are intended solely for persons who are 18 or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in these Terms and to abide by and
comply with these Terms. The Services are not intended for children under 13; if you are under 13 years of age, then please do not use the Service.
By registering for a free User Account, or by clicking to accept these Terms, you are deemed to have executed these Terms electronically, effective on the date you register your Account, according to the U.S. Electronic Signatures in Global and National Commerce Act (The E-Sign Act) (15 U.S.C. § 7001, et seq.). Your creating of a User Account constitutes an acknowledgment that you can electronically receive, download, and print these Terms, and any amendments.
How the Services Work
The Services consist of tools, technology, and services available via a platform by which Users with a current and valid User Account can accept and send packages to their home address through major delivery services, including UPS, FedEx, and the US Postal Service (“Delivery Services”). To see if the Services are available in your home area, please visit our FAQ at https://QRLockBox.com/privacy.
To access and use the Services, you must register an account (“User Account”) and become a User. You agree to provide accurate, current, and complete information, including a credit card, during registration and to update such information to keep it accurate, current and complete. You agree that you will safeguard your password and that you are solely responsible for any activities or actions under your User Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your User Account. QRLockBox / QRLocation assumes no responsibility for User Account information, or any User’s compliance with any applicable laws, rules, and regulations (including tax requirements).
To use the Services, you also must install QRLockBox / QRLocation’s patent-pending connected delivery box (“Box”) at your designated location [, which installation is subject to the then-effective Equipment Installation Terms]. After that, you may link your emails where you store online shopping e-receipts, so QRLockBox / QRLocation can extract tracking numbers of the orders from the receipts and use them as unlock codes. You will receive a push notification via the QRLockBox / QRLocation app regarding the tracking of any delivered or mailed packages, as well as when any package is delivered to your Box or picked-up from your Box for delivery. Our patent-pending Boxes are built to house your packages safely and securely, protected from the elements. Our Boxes are approximately 11 cubic feet in size when expended and therefore, packages are subject to a certain size and weight limits, as outlined in the FAQ. If you experience any technical or other difficulty in retrieving your package from your box, please contact us at admin@QRLockBox.com.
QRLockBox / QRLocation’s role is solely to facilitate the availability of the Services, including Boxes, and to provide support-related to it. QRLockBox / QRLocation is not a courier and is not involved in the transportation of packages, but only provides the Services which allow Users to more easily connect with their Delivery Services to accept and send packages.
Services Fees
To use certain sets of the Services, you may be required to select a payment plan (“Plan”) and provide your credit card or other payment instrument information. You agree to pay QRLockBox / QRLocation following the Plan terms set forth
on the Services website and these Terms, and you authorize QRLockBox / QRLocation or its third-party payment processors to bill your payment instrument in advance periodically per such terms.
If you dispute any charges, you must let us know within sixty (60) days after the date that we invoice you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we increase our prices for your Services Plan, we will provide you notice of the change on our website and by email at least 30 days before the change is to take effect. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount.
Taxes
You understand and agree that you are solely responsible for determining, withholding, or remitting any Tax applicable to your use of the Services in consultation with your tax advisors. QRLockBox / QRLocation cannot and does not offer Tax-related advice. “Tax” means any sales taxes, value-added taxes (VAT), goods and services taxes (GST), other local, municipal, provincial, state and federal taxes, charges or fees of any kind, and other withholding and personal or corporate income taxes.
User Representations and Warranties
By submitting the User registration form, you represent, warrant, and agree to the following:
• You are at least 18 years of age, are authorized to create a User Account, and have full power and authorization to enter into these Terms.
• You are solely responsible for compliance with any laws, rules, regulations, and tax obligations that may apply to your use of the Services.
• You will not use the Services for any purpose that is unlawful or prohibited by their Terms.
• You accept and agree that we have no responsibility or liability for the storage or transmission of packages and that all aspects of package shipping and delivery remain controlled in all respects by the relationship between you, any delivery service which uses your Box, and any company sending packages to you. Your Box is in your possession and control, and you are responsible for your packages as if you engaged personally with the delivery service.
You further represent, warrant, and agree that you will not:
• violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations.
• impersonate any person or entity, including, but not limited to, a QRLockBox / QRLocation employee, or other User, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• sublicense, resell, rent, lease, transfer or assign the Services or its use, or offer the Services on a timeshare basis to any third party.
• use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Services or Content.
• copy, store, or otherwise access any information contained on the Services for purposes not expressly permitted by these Terms.
• interfere with or damage the Services, including, without limitation, through the use of viruses, cancelbots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
• use automated scripts to collect information or otherwise interact with the Services.
• systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
• use, display, mirror or frame the Services, QRLockBox / QRLocation’s name, any QRLockBox / QRLocation trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without QRLockBox / QRLocation’s express written consent.
• access, tamper with or use non-public areas of the website or application, QRLockBox / QRLocation’s computer systems, or the technical delivery systems of the Services or any third-party provider system.
• attempt to probe, scan, or test the vulnerability of any QRLockBox / QRLocation system or network or breach any security or authentication measures.
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by QRLockBox / QRLocation or any of QRLockBox / QRLocation’s providers or any other third party (including another user) to protect the Services or Content.
• forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information.
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content.
• advocate, encourage, or assist any third party in doing any of the preceding.
QRLockBox / QRLocation will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. QRLockBox / QRLocation may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms. You acknowledge that QRLockBox / QRLocation has no obligation to monitor your access to or use of the Services, but has the right to do so to operate the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Ownership
The Services and QRLockBox / QRLocation Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Services and QRLockBox / QRLocation Content, including all associated intellectual property rights, are the exclusive property of QRLockBox / QRLocation and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. “QRLockBox / QRLocation Content” means all text, graphics, images, music, software, audio, video, reports, scripts, information or other materials (“Content”) that QRLockBox / QRLocation makes available through the Services, including any Content licensed from a third party, but excluding User Content.
All trademarks, service marks, logos, trade names, and any other proprietary designations of QRLockBox / QRLocation used herein are trademarks or registered trademarks of QRLockBox / QRLocation. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
License to Services and QRLockBox / QRLocation Content
Subject to your compliance with these Terms, QRLockBox / QRLocation grants you a limited, non-exclusive, revocable, non-transferable license to access and view any QRLockBox / QRLocation Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Services or QRLockBox / QRLocation Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under
any intellectual property rights owned or controlled by QRLockBox / QRLocation or its licensors, except for the licenses and rights expressly granted in these Terms.
License Grant to User Content
You may use the Services to share your User Content with us, delivery service providers, and others as directed by you. By making your User Content available on or through the Services, you as a result of this grant to QRLockBox / QRLocation a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to create derivative works, sublicense, use, edit, view, copy, adapt, modify, distribute, license, sell, host, market, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, store and otherwise fully exploit such User Content on, through, or utilizing the Services as currently exist or may be developed in the future. QRLockBox / QRLocation does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that QRLockBox / QRLocation is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by QRLockBox / QRLocation of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Advertisements
QRLockBox / QRLocation may include advertisements on its behalf or paid advertisements on behalf of interested companies and/or individuals on the Services. By clicking on the advertisements, the User may be shifted to a website of the advertiser or receive other messages, information, or offers from the advertiser. Users acknowledge and agree that QRLockBox / QRLocation is not liable for the privacy practices of advertisers or the content of their websites, information, messages or offers. Users are wholly liable for all communications with advertisers, and all transactions subsequently executed.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single website location are covered by a single notification, a representative list of such works at that website;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
QRLockBox / QRLocation’s designated Copyright Agent to receive notifications of claimed infringement is QRLockBox / QRLocation, LLC., email: admin@QRLockBox.com, mailing address: 6950 Bryan Dairy Rd, Seminole, FL 33777. You acknowledge that if you fail to comply with all of these requirements, your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or according to the law, to post and use the material in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the User Submission that has been removed or to which access has been disabled and the location at which the User Submission appeared before it was removed or disabled;
• A statement that you have a good faith belief that the User Submission was removed or disabled as a result of mistake or a misidentification of the User Submission; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara, Florida, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, QRLockBox / QRLocation may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, the
removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at QRLockBox / QRLocation’s sole discretion.
Termination and User Account Deactivation
These Terms will continue in full effect unless and until your account or these Terms are terminated as described herein. Services Plans that are paid monthly will automatically renew for additional months, and Services plans that are paid annually will automatically renew for additional years. You have the right to deactivate your account at any time by using the account deactivation interface provided in the QRLockBox / QRLocation app. Only Owners have the ability to deactivate and delete team accounts. All accrued rights to payment and rights granted to QRLockBox / QRLocation, as well as the terms below, shall survive termination of these Terms.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time: (a) terminate these Terms or your access to our Services, and (b) deactivate or cancel your User Account. In the event, QRLockBox / QRLocation terminates these Terms, or your access to our Services or deactivates or cancels your User Account you will remain liable for all amounts due hereunder. You may cancel your User Account at any time by contacting QRLockBox / QRLocation. Please note that if your User Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Services.
Disclaimers
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE preceding, QRLOCKBOX / QRLOCATION EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. QRLOCKBOX / QRLOCATION MAKES NO WARRANTY THAT THE WEBSITE, APPLICATION, SERVICES, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE FURTHER DISCLAIM ANY GUARANTEE THAT THE BOXES OR ITEMS DEPOSITED IN THEM WILL NOT BE SUBJECT TO THEFT, FIRE, WATER DAMAGE, INCLEMENT WEATHER, VANDALISM OR LOSS OR DAMAGE GENERALLY.
YOU ARE SOLELY RESPONSIBLE FOR ALL PACKAGES SENT OR RECEIVED BY YOU UNTIL A DELIVERY SERVICE TAKES LEGAL POSSESSION ACCORDING TO THE TERMS AND CONDITIONS OF THAT DELIVERY SERVICE. AT NO TIME IS QRLOCKBOX / QRLOCATION IN POSSESSION OF OR IN ANY WAY RESPONSIBLE FOR ANY PACKAGE, INCLUDING WHEN IT IS CONTAINED WITHIN YOUR BOX. YOU ACKNOWLEDGE AND AGREE TO INDEMNIFY AND HOLD QRLOCKBOX / QRLOCATION HARMLESS IN CONNECTION WITH ANY CLAIM AND ANY DAMAGES OR EXPENSES ARISING FROM YOUR USE OF THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER QRLOCKBOX / QRLOCATION NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUR OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QRLOCKBOX / QRLOCATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF, NOTWITHSTANDING THE preceding EXCLUSIONS, IT IS DETERMINED THAT WE OR OUR AFFILIATES, LICENSORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL QRLOCKBOX / QRLOCATION’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, EXCEED THE AMOUNTS YOU HAVE PAID IN THE THREE (3) MONTH PERIOD before THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QRLOCKBOX / QRLOCATION AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to release, defend, indemnify, and hold QRLockBox / QRLocation and its affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your User Content; (c) your reliance on any information exchanged via the Services; (d) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) any claim that you or your User Content caused damage to a third party. QRLockBox / QRLocation shall have the right to control all defense and settlement activities.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without QRLockBox / QRLocation’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. QRLockBox / QRLocation may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the preceding, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Notices
Unless otherwise specified herein, any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by QRLockBox / QRLocation (i) via email to the email address on your account or (ii) by posting to the website or via the application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You may provide notice to us by email at admin@QRLockBox.com.
Controlling Law and Jurisdiction
You agree that (i) the Services shall be deemed solely based in Florida, and (ii) the Services shall be deemed a passive website that does not give rise to personal jurisdiction over QRLockBox / QRLocation, either specific or general, in jurisdictions other than Florida. These Terms shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. You and we agree to submit to the personal jurisdiction of a state court located in San Francisco, Florida for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as outlined in the Dispute Resolution Provision below.
YOU AND QRLOCKBOX / QRLOCATION AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND WAIVED.
Severability
These Terms are intended to govern the agreement between QRLockBox / QRLocation and you to the extent permitted by all applicable laws, ordinances, rules, and regulations. If any provision of these Terms or the application thereof to any person or circumstances shall, for any reason or to any extent, be invalid or unenforceable, the remainder of these Terms and the application of such provision to other persons or circumstances shall not be affected thereby, but rather shall be enforced to the greatest extent permitted by law.
Dispute Resolution Provision
You and QRLockBox / QRLocation agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services (collectively “Disputes”) will be resolved according to the provision of this section.
Informal Resolution. We will first try to resolve any Dispute informally. Accordingly, neither of us may start a formal proceeding (except for the Exceptions noted in the next paragraph) for at least 30 days after one of us notifies the other of a Dispute in writing. Notice of the Dispute will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You will send your notice by email to admin@QRLockBox.com AND the address listed below.
Exceptions. Despite the provisions of the preceding paragraph, we both agree that nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.
Formal Resolution. If the Dispute is not resolved informally, we agree that it will be resolved by binding arbitration and not in courts of general jurisdiction. You acknowledge and agree that you and QRLockBox / QRLocation are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and QRLockBox / QRLocation otherwise agree in writing, the arbitrator may not
consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) following the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator following the AAA Rules.
Arbitration Location and Procedure. Unless you and QRLockBox / QRLocation otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $1,000, then the arbitration will be conducted solely based on documents you and QRLockBox / QRLocation submit to the arbitrator unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $1,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as outlined in the AAA Rules. However, if your claim for damages does not exceed $1,000, QRLockBox / QRLocation will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards outlined in Federal Rule of Civil Procedure 11(b)).
No Class Action. YOU AND QRLOCKBOX / QRLOCATION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Changes. Notwithstanding the provisions of the “Modification” section above, if QRLockBox / QRLocation amends this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you will be notified following these Terms. You may reject any such change by sending us written notice (including by email to admin@QRLockBox.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of QRLockBox / QRLocation’s email to you notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and QRLockBox / QRLocation following the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
Enforceability. If the “No Class Action” section of this Dispute Resolution Provision is found to be unenforceable, or if the arbitrator consolidates more than one person’s claims or otherwise undertakes a class or representative proceeding, or if entire Dispute Resolution Provision is found to be unenforceable, then the entirety of the Dispute Resolution Provision will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described above will govern any action arising out of or related to these Terms.
International Users
QRLockBox / QRLocation does not claim that the Services are appropriate or may be downloaded outside the United States. If you access the Services from a location outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules, regulations or decrees of your jurisdiction.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the QRLockBox / QRLocation application except as authorized by United States law, the laws of the jurisdiction in which you obtained the application, and any other applicable laws. In particular, but without limitation, the application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons.
Feedback and Reporting Misconduct
We welcome and encourage you to provide feedback, comments, and suggestions (collectively “Feedback”) for improvements to the Site, Application and Services. You may submit Feedback by emailing us at admin@QRLockBox.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of QRLockBox / QRLocation and you as a result of this irrevocably assign to QRLockBox / QRLocation all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At QRLockBox / QRLocation’s request and expense, you will execute documents and take such further acts as QRLockBox / QRLocation may reasonably request to assist QRLockBox / QRLocation to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
If you feel any User is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of fraud, or (iii) engages in any other disturbing conduct; you agree to immediately report such person to the appropriate authorities and QRLockBox / QRLocation.
General
The failure of QRLockBox / QRLocation to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of QRLockBox / QRLocation. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Certain areas of the website and/or application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of a website, application, Services, or Content, the latter terms and conditions will take precedence.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between QRLockBox / QRLocation and you regarding the Services and Content, and these Terms supersede and replace any prior oral or written understandings or agreements between QRLockBox / QRLocation and you regarding the same.
Disclaimer: The original, legally binding version of this document is written in English. If it is translated into other languages by non-English-speaking users, there are any discrepancies between the English version and a translated version. If so, the English version supersedes the translated version.
© 2018 QRLockBox / QRLocation, MAVIK TECHNOLOGIES LLC. All rights reserved.
