Welcome to MyQualityConnection.com, the service for single adults with alternative
lifestyles to meet each other online.
By using the MyQualityConnection.com.com Website, (the âWebsiteâ) you agree to be
bound by these Terms of Use (this âAgreementâ), whether or not you register as a
member of MyQualityConnection.com (âMemberâ). If you wish to become a Member and
make use of the MyQualityConnection.com service (the âServiceâ), please read these
Terms of Use. If you object to anything in this Agreement or the MyQualityConnection.com
Privacy Policy, do not use the Website or the Service.
1. Acceptance of Terms of Use Agreement.
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Electronic Agreement.This Agreement is an electronic contract that sets
out the legally binding terms of your use of the Website and your membership in
the Service. This Agreement may be modified by MyQualityConnection.com from time
to time, such modifications to be effective upon posting by MyQualityConnection.com
on the Website. This Agreement includes MyQualityConnection.com’s Acceptable Use
Policy for Content Posted on the Website, MyQualityConnection.com’s Privacy Policy,
and any notices regarding the Website. By accessing the Website or becoming a Member,
you accept this Agreement and agree to all of the terms, conditions and notices
contained or referenced herein.
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Electronic Form.By accessing the Website or becoming a Member, you consent
to have this Agreement provided to you in electronic form.
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Non-electronic Copy.You have the right to receive this Agreement in non-electronic
form. You may request a non-electronic copy of this Agreement either before or after
you electronically sign the Agreement. To receive a non-electronic copy of this
Agreement, please contact us online.
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Withdrawing Your Consent.You have the right at any time to withdraw your
consent to have this Agreement provided to you in electronic form.
- Effect. Should you choose to withdraw your consent to have this Agreement provided
to you in electronic form, we will discontinue your then-current username and password.
This means that you will not have the right to use the Service unless and until
we issue you a new username and password. We will issue you a new username and password
only after we receive a signed copy of a non-electronic version of this Agreement,
which we will send to you upon request.
Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement,
please contact us online.
- Effective Timing. Your withdrawal of consent shall be effective within a reasonable
time after we receive your withdrawal notice described above. Your withdrawal of
consent will not affect the legal validity or enforceability of the Agreement provided
to, and electronically signed by, you prior to the effective date of your withdrawal.
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Access and Retention.In order to access and retain this electronic Agreement,
you must have access to the World Wide Web, either directly or through devices that
access web-based content, and pay any service fees associated with such access.
In addition, you must use all equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device. Please print
a copy of this document for your records. To retain an electronic copy of this Agreement,
you may save it into any word processing program. Via the Website, we will notify
you of any changes in the hardware or software requirements needed to access and/or
retain this Agreement that create a material risk that you will not be able to continue
to access and/or retain this electronic Agreement.
2. Eligibility.
You must be at least eighteen (18) years of age and single or separated from your
spouse or partner to register as a member of MyQualityConnection.com or use the
Website. Membership in the Service is void where prohibited. By using the Website,
you represent and warrant that you have the right, authority and capacity to enter
into this Agreement and to abide by all of the terms and conditions of this Agreement.
If you become a Member, you represent and warrant that you have never been convicted
of a felony and that you are not required to register as a sex offender with any
government entity.
3. Membership.
You may become a Member of the Service at no cost. As a Member, you will have the
ability to participate in all of the features and services available within the
Service. It is possible that in the future, in order to access certain additional
features and services, you may be required to pay a subscription fee. We will notify
you, via the Website, in the event of the implementation of such subscription-based
services.
4. Term.
This Agreement will remain in full force and effect while you use the Website and/or
are a Member. You may terminate your membership and/or subscription (if applicable
in the future) at any time, for any reason, by following the instructions on the
âAccount Settingsâ on your profile page, or you may contact us online. If you resign or cancel your membership and/or subscription
via the MyQualityConnection.com site, to help MyQualityConnection.com analyze and
improve the Service, you may be asked to provide a reason for your resignation or
cancellation. You may bypass this brief resignation survey page and continue the
resignation/cancellation process by clicking the âContinue Cancellationâ or other
similar button on the page. MyQualityConnection.com may terminate your membership
and/or subscription by sending notice to you at the email address you provide in
your application for membership, or such other email address as you may later provide
to MyQualityConnection.com. All decisions regarding the termination of accounts
shall be made in the sole discretion of MyQualityConnection.com. MyQualityConnection.com
is not required to provide you notice prior to terminating your membership and/or
subscription. MyQualityConnection.com is not required to, and may be prohibited
from, disclosing a reason for the termination of your account. After your membership
or subscription is terminated, all terms that by their nature may survive termination
of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Members.
The Website is for the personal use of individual Members only and may not be used
in connection with any commercial endeavors. Organizations, companies, and/or businesses
may not become Members and should not use the Service or the Website for any purpose.
Illegal and/or unauthorized uses of the Website, including collecting usernames
and/or email addresses of members by electronic or other means for the purpose of
sending unsolicited email and unauthorized framing of or linking to the Website
may be investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress. Use of the Website is with
the permission of MyQualityConnection.com, which may be revoked at any time, for
any reason, in MyQualityConnection.com’s sole discretion.
6. Account Security.
You are responsible for maintaining the confidentiality of the username and password
that you designate during the Registration process, and you are fully responsible
for all activities that occur under your username and password. You agree to (a)
immediately notify MyQualityConnection.com of any unauthorized use of your username
or password or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. MyQualityConnection.com will not be liable for
any loss or damage arising from your failure to comply with this provision. You
should use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other personal
information.
7. Your Interactions with Other Members.
- YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND
THAT MYQUALITYCONNECTION.COM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS
ON ITS MEMBERS. MYQUALITYCONNECTION.COM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS
OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. MYQUALITYCONNECTION.COM
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY
WITH ANY CURRENT OR FUTURE MEMBERS. MYQUALITYCONNECTION.COM RESERVES THE RIGHT TO
CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER
REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
- IN NO EVENT SHALL MYQUALITYCONNECTION.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER,
WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR
INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION
WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL
DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH
OTHER REGISTERED USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS
OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND
THAT MYQUALITYCONNECTION.COM MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING
YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET THROUGH THE SERVICE. YOU SHOULD
NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT
INFORMATION) TO OTHER MEMBERS.
8. Content on MyQualityConnection.com.
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Proprietary Rights.MyQualityConnection.com owns and retains all proprietary
rights in the Website and the Service. The Website contains the copyrighted material,
trademarks, and other proprietary information of MyQualityConnection.com and its
affiliates. Except for that information which is in the public domain or for which
you have been given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
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Reliance on Content, Advice, Etc.Opinions, advice, statements, offers, or
other information or content made available through the Service, but not directly
by MyQualityConnection.com, are those of their respective authors, and should not
necessarily be relied upon. Such authors are solely responsible for such content.
MyQualityConnection.com does not: (i) guarantee the accuracy, completeness, or usefulness
of any information on the Service, or (ii) adopt, endorse or accept responsibility
for the accuracy or reliability of any opinion, advice, or statement made by any
party that appears on the Website. Under no circumstances will MyQualityConnection.com
or its affiliates be responsible for any loss or damage resulting from your reliance
on information or other content posted on the Website or transmitted to or by any
Members.
9. Content Posted by You on MyQualityConnection.com.
- You are solely responsible for the Content that you publish or display (hereinafter,
âpostâ) on the Service, or transmit to other Members. You will not post on the Service,
or transmit to other Members, any defamatory, inaccurate, abusive, obscene, profane,
offensive, sexually oriented, threatening, harassing, racially offensive, or illegal
material, or any material that infringes or violates another party’s rights (including,
but not limited to, intellectual property rights, and rights of privacy and publicity).
You will not provide inaccurate, misleading, or false information to the Company
or to any other Member. If information provided to MyQualityConnection.com or another
Member subsequently becomes inaccurate, misleading or false, you will promptly notify
MyQualityConnection.com of such change.
- You understand and agree that MyQualityConnection.com may review and delete any
content, messages, emails, photos, or profiles (collectively, âContentâ), in each
case in whole or in part, that in the sole judgment of MyQualityConnection.com violates
this Agreement or which might be offensive, illegal, or that might violate the rights,
harm, or threaten the safety of Members. Nothing contained herein shall be construed as obligating MyQualityConnection.com to take any such action, and any liability for such Content remains solely with the Member who posted the Content at issue.
- By posting Content to any public area of MyQualityConnection.com, you automatically
grant, and you represent and warrant that you have the right to grant, to MyQualityConnection.com,
its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, reproduce, adapt,
modify, and distribute such information and content and to prepare derivative works
of, or incorporate into other works, such information and content, and to grant
and authorize sublicenses of the foregoing. You further represent and warrant that
public posting and use of your content by MyQualityConnection.com will not infringe
or violate the rights of any third party.
- The following is a partial list of the type of Content that is illegal or prohibited
on the Website. MyQualityConnection.com reserves the right to investigate and take
appropriate legal action in its sole discretion against anyone who violates this
provision, including without limitation, removing the offending communication from
the Service and terminating the membership of such violators. It includes, but is
not limited to, Content that:
- is patently offensive to the online community, such as Content that promotes racism,
bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of âjunk mail,â âchain letters,â unsolicited mass mailing
or âspamming;â
- promotes information that is false, misleading, or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such
as providing pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing pirated images,
audio or video, or links to pirated images, audio or video files;
- contains restricted or password-only access pages, or hidden pages or images (those
not linked to or from another accessible page);
- provides material that exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying
illegal weapons, violating someone’s privacy, or providing or creating computer
viruses;
- solicits passwords or personal identifying information for commercial or unlawful
purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- Your use of the Service, including but not limited to the Content you post on the
Service, must be in accordance with any and all applicable laws and regulations.
- You may not include in your Member profile any telephone numbers, street addresses,
last names, URLs or email addresses.
- You may not engage in advertising to, or solicitation of, other Members. This includes
but is not limited to solicitation or advertising to buy or sell any products or
services through the Service or to attend parties or other social functions or networking
for commercial purposes. You may not transmit any chain letters or junk email to
other Members. Although MyQualityConnection.com cannot monitor the conduct of its
Members off the Website, it is also a violation of these rules to use any information
obtained from the Service in order to harass, abuse, or harm another person, or
in order to contact, advertise to, solicit, or sell to any Member without their
prior explicit consent. In order to protect our Members from such advertising or
solicitation, we reserve the right to restrict the number of emails that a Member
may send to other Members in any 24-hour period to a number which we deem appropriate
in our sole discretion.
- All information you include in your Member profile must be accurate, current and
complete.
10. Prohibited Activities.
MyQualityConnection.com reserves the right to investigate and terminate your membership
if you have misused the Service, or behaved in a way that could be regarded as inappropriate
or whose conduct is unlawful or illegal. The following is a partial list of the
type of actions that you may not engage in with respect to the Service:
- You will not impersonate any person or entity.
- You will not âstalkâ or otherwise harass any person.
- You will not express or imply that any statements you make are endorsed by MyQualityConnection.com
without our specific prior written consent.
- You will not use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, âdata mineâ, or in any
way reproduce or circumvent the navigational structure or presentation of the Service
or its contents.
- You will not post, distribute or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior consent
of the owner of such proprietary rights.
- You will not remove any copyright, trademark or other proprietary rights notices
contained in the Service.
- You will not interfere with or disrupt the Services or the site or the servers or
networks connected to the Services or the site.
- You will not post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment.
- You will not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any information transmitted through the Service.
- You will not âframeâ or âmirrorâ any part of the Service or the Website, without
MyQualityConnection.com’s prior written authorization. You also shall not use meta
tags or code or other devices containing any reference to MyQualityConnection.com
or the Service or the site in order to direct any person to any other web site for
any purpose.
- You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Service or the Website or
any software used on or for the Service or cause others to do so.
11.Customer Service.
MyQualityConnection.com provides assistance and guidance through its customer care
representatives. When communicating with our customer care representatives, you
may not to be abusive, obscene, profane, offensive, sexist, threatening, harassing,
racially offensive, or otherwise behave inappropriately. Communications between
you and our customer care representatives may be recorded and/or retained for quality
assurance purposes. If we feel that your behavior towards any of our customer care
representatives or other employees is at any time threatening or offensive, we reserve
the right to immediately terminate your membership.
12. Modifications to Service.
MyQualityConnection.com reserves the right at any time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that MyQualityConnection.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
13. Blocking of IP Addresses.
In order to protect the integrity of the Service, MyQualityConnection.com reserves
the right at any time in its sole discretion to block Members from certain IP addresses
from accessing the Website.
14. Copyright Policy.
You may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior written
consent of the owner of such proprietary rights. Without limiting the foregoing,
if you believe that your work has been copied and posted on the Service in a way
that constitutes copyright infringement, please provide our Copyright Agent with
the following information: an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; a description of the copyrighted
work that you claim has been infringed; a description of where the material that
you claim is infringing is located on the Website; your address, telephone number,
and email address; a written statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf. MyQualityConnection.comâs Copyright Agent for
notice of claims of copyright infringement can be reached as follows: copyrightagent@myqualityconnection.com.
15. Member Disputes.
You are solely responsible for your interactions with other MyQualityConnection.com
Members. MyQualityConnection.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
16. Privacy and Communications.
Use of the Website and/or the Service is also governed by our Privacy Policy. When
you become a Member, you agree and consent to receive email messages from us. These
emails may be transactional or relationship communications relating to the Service,
such as administrative notices and service announcements or changes, or emails containing
commercial offers, promotions or special offers from us. Please see the MyQualityConnection.com
Privacy Policy for more information regarding
these communications.
17. Disclaimers.
- MyQualityConnection.com is not responsible for any incorrect or inaccurate Content
posted on the Website or in connection with the Service, whether caused by users
of the Website, Members, or by any of the equipment or programming associated with
or utilized in the Service. MyQualityConnection.com is not responsible for the conduct,
whether online or offline, of any user of the Website or Member of the Service.
MyQualityConnection.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user or Member
communications. MyQualityConnection.com is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers
or providers, computer equipment, software, failure of email or players on account
of technical problems or traffic congestion on the Internet or at any Website or
combination thereof, including injury or damage to users and/or Members or to any
other person’s computer related to or resulting from participating or downloading
materials in connection with the Web and/or in connection with the Service. Under
no circumstances will MyQualityConnection.com or any of its affiliates, advertisers,
promoters or distribution partners be responsible for any loss or damage, including
personal injury or death, resulting from anyone’s use of the Website or the Service,
any Content posted on the Website or transmitted to Members, or any interactions
between users of the Website, whether online or offline. The Website and the Service
are provided âAS ISâ and MyQualityConnection.com expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. MyQualityConnection.com
cannot guarantee and does not promise any specific results from use of the Website
and/or the Service.
- In addition to the preceding paragraph and other provisions of this Agreement, any
advice that may be posted on the Website is for informational and entertainment
purposes only and is not intended to replace or substitute for any professional
financial, medical, legal, or other advice. MyQualityConnection.com makes no representations
or warranties and expressly disclaims any and all liability concerning any treatment,
action by, or effect on any person following the information offered or provided
within or through the Website. If you have specific concerns or a situation arises
in which you require professional or medical advice, you should consult with an
appropriately trained and qualified specialist.
18. Links.
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because MyQualityConnection.com has no control over such
sites and resources, you acknowledge and agree that MyQualityConnection.com is not
responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising, products
or other materials on or available from such sites or resources. You further acknowledge
and agree that MyQualityConnection.com shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in connection
with the use of, or reliance upon, any such Content, goods or services available
on or through any such site or resource.
19. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will MyQualityConnection.com
be liable to you or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including also lost profits arising from
your use of the Web site or the Service, even if MyQualityConnection.com has been
advised of the possibility of such damages. Notwithstanding anything to the contrary
contained herein, MyQualityConnection.com’s liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited to the amount
paid, if any, by you to MyQualityConnection.com for the Service during the term
of membership.
20. U.S. Export Controls.
Software from this Website (the âSoftwareâ) is further subject to United States
export controls. No Software may be downloaded from the Website or otherwise exported
or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods;
or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located in, under
the control of, or a national or resident of any such country or on any such list.
21. Arbitration and Governing Law.
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Arbitration Agreement.The exclusive means of resolving any dispute or claim
arising out of or relating to this Agreement (including any alleged breach thereof),
the Service, or the Website shall be BINDING ARBITRATION administered by
the American Arbitration Association. The one exception to the exclusivity of arbitration
is that you have the right to bring an individual claim against MyQualityConnection.com
in a small-claims court of competent jurisdiction. But whether you choose arbitration
or small-claims court, you may not under any circumstances commence or maintain
against MyQualityConnection.com any class action, class arbitration, or other representative
action or proceeding.
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Notice of Rights.By using the Website or the Service in any manner, you
agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO
GO TO COURT to assert or defend any claims between you and MyQualityConnection.com
(except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR
RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights
will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are
entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief
that a court can, but you should note that arbitration proceedings are usually simpler
and more streamlined than trials and other judicial proceedings. Decisions by the
arbitrator are enforceable in court and may be overturned by a court only for very
limited reasons. For further information regarding the arbitration procedure, please
see the American Arbitration Associationâs website at http://www.adr.org/arb_med .
- Court Proceedings. Any proceeding to enforce this arbitration agreement, including
any proceeding to confirm, modify, or vacate an arbitration award, may be commenced
in any court of competent jurisdiction. In the event that this arbitration agreement
is for any reason held to be unenforceable, any litigation against MyQualityConnection.com
(except for small-claims court actions) may be commenced only in the federal or
state courts located in Nassau County, New York. You hereby irrevocably consent
to the jurisdiction of those courts for such purposes.
- Governing Law. This Agreement, and any dispute between you and MyQualityConnection.com,
shall be governed by the laws of the state of New York without regard to principles
of conflicts of law, provided that this arbitration agreement shall be governed
by the Federal Arbitration Act.
22. Indemnity by You.
You agree to indemnify and hold MyQualityConnection.com, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney’s fees, made by any third party
due to or arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your representations
and warranties set forth above.
23. No Third Party Beneficiaries.
You agree that, except as otherwise expressly provided in this Agreement, there
shall be no third party beneficiaries to this Agreement.
24. Other and Amendments.
This Agreement contains the entire agreement between you and MyQualityConnection.com
regarding the use of the Website and/or the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force and
effect. This Agreement is subject to change by MyQualityConnection.com at any time.
The revised terms will be effective upon posting on the MyQualityConnection.com
website and your use of the Service after such posting will constitute acceptance
by you of the revised Agreement.
Please contact us with any questions
regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.