Legal

Terms and Conditions

Terms of Sale, Terms of Service, and Commercial Terms and Conditions for QuickBoard products and software.

Terms of Sale

These terms of sale (“Terms”) apply to all orders accepted by The Quick Board, LLC (“QuickBoard”) for the sale of its and sensor board products (“Products”), except in the case that you and QuickBoard have executed a written agreement that supersedes these Terms. To the extent the Products contain or consist of software in any form (“Software”), such Software is licensed to you, not sold, and only in accordance with the section entitled “Software License”, below. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than Software.

ORDERING FROM THE QUICKBOARD WEBSITE

ORDERS

You can browse and place orders for our Products through, www.thequickboard.com/pricing (the “QuickBoard Website”). We will ask you for your name, phone number, e-mail address, shipping and billing address, and other information so we can fulfill your order. When you place an order, QuickBoard’s third-party payment service provider will collect your credit card details and charge your credit card account in connection with the order, and you agree to make all applicable payments in connection with any order placed by you. QuickBoard does not view or store your credit card information. We store your name, phone number, email address and shipping address so we can process your order.

By placing an order through the QuickBoard Website, you agree that: (i) any credit card information supplied by you is true and complete; (ii) you will pay the applicable price listed, as well as any shipping and handling charges and applicable taxes; and (iii) Software License usage fees.

PRICING

QuickBoard can withdraw Products from the QuickBoard Website at any time and for any reason. Prices listed through the QuickBoard Website are stated in U.S. dollars, and do not include any shipping and handling charges or applicable taxes, which charges and taxes will be communicated after the order is processed. You agree to indemnify and hold QuickBoard harmless from and against any liabilities, interest, penalties or fees assessed against QuickBoard arising from your failure to pay any such taxes. All Product prices are subject to change at any time.

ACCEPTANCE AND FULFILLMENT

All orders are subject to acceptance by QuickBoard. After you place an order, you will receive an email from QuickBoard confirming that QuickBoard has received it. If an order is on back order, we’ll send you an email indicating that this is the case, followed by another email when the items in question are in stock containing a shipping confirmation, tracking number and carrier information. QuickBoard reserves the right not to accept your order for any reason or no reason

RESALE

Purchases made through the QuickBoard Website are intended for end users only and are not authorized for resale.

SHIPPING AND DELIVERY

QuickBoard will pack the Products in accordance with its standard practices. All orders will ship ground unless you specify otherwise. Title to the Products (except to the extent that the Products consist of Software) and risk of loss will pass to you upon QuickBoard’s delivery of the Products to the carrier. You acknowledge that all scheduled shipment dates are estimates only. QuickBoard will make reasonable efforts to meet the scheduled shipment dates, but in no event will QuickBoard be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery.

RETURN POLICY

If within thirty (30) days from the date of sale Purchaser wishes to return non-defective Products, QuickBoard, in its sole and absolute discretion with respect to the determination of whether such returned Products are non-defective, shall refund the full purchase price of Products to Purchaser within sixty (60) days. Purchaser must provide to QuickBoard the original invoice or sales receipt (indicating the date of purchase) upon return of such Products.

LIMITED PRODUCT WARRANTY

Subject to the terms and conditions set forth herein, QuickBoard expressly and exclusively warrants solely to original, end-user purchasers (each a “Purchaser”) that sensor boards and any other products manufactured by the QuickBoard (collectively, “Products”) shall be free from defects in materials and workmanship when properly used and maintained for a period of one (1) year from the date of sale (the “Warranty Period”). NO WARRANTY, INCLUDING THIS LIMITED STATEMENT OF WARRANTY, SHALL BE IN EFFECT UNTIL PURCHASER HAS TENDERED AN INITIAL PAYMENT FOR PRODUCTS PURCHASED. IF PURCHASER PURCHASES PRODUCTS ON AN INSTALLMENT BASIS PAYMENT PLAN AND DEFAULTS THEREUNDER, THIS LIMITED STATEMENT OF WARRANTY SHALL TERMINATE WITH RESPECT TO PURCHASER AND SHALL RELIEVE THE QUICKBOARD OF FURTHER OBLIGATION TO PURCHASER HEREUNDER.

The exclusive warranty for any Products that QuickBoard, in its sole and absolute discretion, determines to be defective within the Warranty Period is repair or replacement of such defective Products. The existence of a defect shall be determined by QuickBoard in accordance with procedures established by QuickBoard. Repaired parts or replacement Products shall be provided by QuickBoard on an exchange basis and shall either be new or refurbished to be functionally equivalent to new. Repaired parts or replacement Products shall be provided to Purchaser only upon submission to QuickBoard of the original invoice or sales receipt (indicating the date of purchase) within the Warranty Period. Purchaser’s failure to notify QuickBoard of defective Products within the Warranty Period shall terminate this Limited Statement of Warranty with respect to Purchaser and shall relieve QuickBoard of any further obligation to such Purchaser hereunder. QuickBoard shall not be responsible for any transportation costs and/or any risks associated with transportation of Products.

THIS LIMITED STATEMENT OF WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF THE CONDITION OF THE EQUIPMENT, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUICKBOARD DOES NOT REPRESENT OR WARRANT THAT PRODUCTS WILL OPERATE ERROR FREE, UNINTERRUPTEDLY OR IN COMBINATION WITH ANY OTHER HARDWARE, INFRASTRUCTURE OR SYSTEMS NOT SUPPLIED BY QUICKBOARD OR THAT PRODUCTS WILL, IN ALL CASES, SERVE THE PURPOSE FOR WHICH SUCH PRODUCTS ARE PURCHASED.

No representative of QuickBoard is authorized to extend any additional warranty unless approved in writing by an authorized representative of QuickBoard. This Limited Statement of Warranty is provided solely to Purchaser and is not transferable. Purchaser is responsible for determining whether Products are suitable for Purchaser’s intended use.

This Limited Statement of Warranty given by QuickBoard does not cover, and QuickBoard shall not be liable for, any conditions attributable to (1) acts of God, misuse, physical damage, vandalism, misapplication, normal wear and tear, extreme environmental conditions, lack of compliance with applicable instructions, inadequate or improper maintenance, negligence, accident (including, but not limited to, water damage and/or dropping Products), tampering, alteration or substitution of inferior quality component parts, (2) the incompatibility, improper design, malfunction, installation, operation or maintenance of equipment, accessories, and/or materials used in connection with Products which are not manufactured by QuickBoard or (3) attempts to operate Products outside of the range or parameters of their intended capacity, whether intentional, accidental or otherwise.

PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND WITH RESPECT TO PRODUCTS SHALL BE LIMITED TO THE REMEDY OF REPAIR OR REPLACEMENT OF PRODUCTS IN ACCORDANCE WITH THIS WARRANTY. QUICKBOARD SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE TO PURCHASER OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF QUICKBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT THIS LIMITED STATEMENT OF WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, QUICKBOARD’S LIABILITY TO PURCHASER SHALL NOT EXCEED THE PRICE OF PRODUCTS PURCHASED.

Purchaser agrees that QuickBoard is not an insurer and no insurance coverage is offered herein. QuickBoard is not assuming liability, and, therefore shall not be liable to Purchaser for any loss, personal injury or property damage sustained by Purchaser or any other party as a result of any failure of Products, or any other cause whatsoever, unless such loss or damage was proximately caused by the QuickBoard’s gross negligence or caused by QuickBoard’s intentional conduct.

This Limited Statement of Warranty may be modified at any time by QuickBoard without notice to Purchaser and the modified version shall be in effect for all sales of Products made after the modification irrespective of any warranty published or posted in any catalog, sales literature or online location. The most current version of this Limited Statement of Warranty may be found online at www.thequickboard.com.

COMPATIBILITY

You acknowledge that you have verified the compatibility of the Products you are purchasing with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Product). You are solely responsible for determining the compatibility of the Products with other equipment, and you accept that lack of compatibility is not a valid claim under the warranty provided with your Products and does not otherwise constitute a basis for receiving a refund after the 30 day refund policy identified above.

LIMITATIONS ON LIABILITY

IN NO EVENT WILL QUICKBOARD BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT QUICKBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. QUICKBOARD AND YOU HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL QUICKBOARD’S LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO QUICKBOARD BY YOU FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

SOFTWARE LICENSE

QuickBoard grants to you a nonexclusive, nontransferable license to use the Software, in executable form, solely as embedded in the Products. You may not copy or modify the Software. You acknowledge that the Software contains trade secrets of QuickBoard, and, in order to protect such trade secrets, you agree not to disassemble, decompile or reverse engineer the Software nor permit any third party to do so, except to the extent such restrictions are prohibited by law. QuickBoard reserves all rights and licenses in and to the Software not expressly granted to you under this Agreement.

DISPUTE RESOLUTION

You agree that any dispute between you and QuickBoard arising out of or relating to these Terms, or any other QuickBoard products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

GOVERNING LAW

The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws principles.

INFORMAL DISPUTE RESOLUTION

We want to address your concerns without needing a formal legal case. Before filing a claim against QuickBoard, you agree to try to resolve the Dispute informally by contacting QuickBoard. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 90 days after submission, you or QuickBoard may bring a formal proceeding.

LIMITATION ON CLAIMS

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the QuickBoard Products or services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

TERM

Upon payment for the QuickBoard Software license, you accept the one-year license contract required to use QuickBoard Products

AUTOMATIC RENEWAL AND CANCELLATION.

Software License fees will be charged to your credit card and will automatically renew at the applied tier pricing then in effect for the duration of your subscription until you cancel. The software license fees will be charged based on the selected monthly or annual plan and payment cannot be suspended or postponed for any reason. The one-year license contract will automatically renew unless notice of cancellation is received in writing 30 days prior to the renewal date. If your credit card is invalid for any reason, charged back, or if QuickBoard does not receive payment, we will cancel your subscription immediately.

REPRESENTATIONS, WARRANTIES AND COVENANTS.

You represent, warrant and covenant that (a) the subscription and credit card information that you supply is true, correct and complete, (b) you will pay any charges that you incur in connection with the Premium Service, including any applicable taxes, (c) you will update your subscription and credit card information as required, (d) you will not allow anyone else to use your subscription, (e) you will not transfer your subscription or password to anyone else and (f) you will report to us any unauthorized or prohibited use of your subscription.

GENERAL PROVISIONS

The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

You may not assign or transfer these Terms, or any order accepted by QuickBoard hereunder, in whole or in part, by operation of law or otherwise, without QuickBoard’s express prior written consent. Any attempt to do so, without QuickBoard’s consent, will be null and of no effect. QuickBoard may freely assign these Terms.

QuickBoard will not be responsible for any failure or delay in its performance under these Terms due to causes beyond its reasonable control, including, but not limited to, labor disputes, strikes, lockouts, shortages of or inability to obtain energy, raw materials or supplies, war, terrorism, riot, or acts of God.

The failure by QuickBoard to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason 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

These Terms constitute the complete and exclusive agreement between QuickBoard and you regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party.

You will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

All notices required or permitted to be given under these Terms will be in writing and will be deemed given: (i) upon actual delivery, if made by personal service; (ii) three (3) days after mailing, if made by U.S. certified or registered mail; and (iii) one (1) business day after delivery to the courier or overnight delivery service, if made by courier or overnight delivery service. All notices will be addressed to such address as the party who is to receive the notice so designates by written notice to the other.

Terms of Service

QuickBoard’s technology evaluates and enhances agility performance. These Terms of Service (“Terms”) govern your use of QuickBoard products, our website, www.thequickboard.com, the software embedded in QuickBoard sensor boards, the QuickBoard software, the QuickBoard mobile application, and QuickBoard subscriptions.

You must accept these Terms to create a QuickBoard account and to use the QuickBoard Service.

These Terms May Change

These Terms will change over time. If we make minor changes to the Terms without materially changing your rights, we will post the modified Terms on www.thequickboard.com. We will notify you by email, through the QuickBoard Service, or by presenting you with a new Terms of Service to accept if we make a modification that materially changes your rights. When you use the QuickBoard Service after a modification is posted, you are telling us that you accept the modified terms.

Read Our Privacy Policy

Any information that QuickBoard collects through your use of the QuickBoard Service is subject to the QuickBoard Privacy Policy, which is part of these Terms.

YouTube Terms

Some QuickBoard features use YouTube API Services. By using those features, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms).

Who Can Use QuickBoard?

You may use the QuickBoard Service if you are over 13 years of age and are not barred from receiving services under applicable law. You may connect to the QuickBoard Service using a sensor board that is manufactured, distributed, or sold by or on behalf of QuickBoard; the QuickBoard mobile application; the QuickBoard software; or www.thequickboard.com. You may not connect to the QuickBoard Service with any device that is not manufactured, distributed, or sold by or on behalf of QuickBoard (such as a knock off or counterfeit version of a QuickBoard Product); otherwise intends to resemble or purports to be a QuickBoard Product; or any unauthorized application or-third party connection. Any violation or attempted violation of this provision may result in the immediate termination of your ability to access the QuickBoard Service.

Creating an Account

Full use of the QuickBoard Service requires that you purchase a sensor board and create an account by providing us with a username, password, email address, physical address, and valid credit card. You are responsible for all activity that occurs in association with your account. QuickBoard is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.

We may need to contact you about your use of the QuickBoard Service. These communications are part of the QuickBoard Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.

Necessary Equipment

Full use of the QuickBoard Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the QuickBoard Service and it is your responsibility to ensure the equipment’s functionality.

What You Can Do On The Quick Board Service

QuickBoard grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the QuickBoard Content, (2) access and use the software and mobile applications provided by the QuickBoard Service, and (3) use the software that is embedded into QuickBoard products as authorized in these Terms.

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 QuickBoard Content, QuickBoard Service or any portion thereof, 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 QuickBoard or its licensors, except for the licenses and rights expressly granted in these Terms.

Things You Cannot Do On The Quick Board Service

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the QuickBoard Service: (1) use, display, mirror or frame the QuickBoard Service or any individual element within the QuickBoard Service, QuickBoard’s name, any QuickBoard trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without QuickBoard’s express written consent; (2) access or tamper with non-public areas of the QuickBoard Service, QuickBoard’s computer systems, or the technical delivery systems of QuickBoard’s providers; (3) test the vulnerability of any QuickBoard system or breach any security or authentication measures; (4) circumvent any technological measure implemented by QuickBoard or any of QuickBoard’s providers or any other third party (including another user) to protect the QuickBoard Service or QuickBoard Content; (5) access the QuickBoard Service or QuickBoard Content through the use of any mechanism other than through the use of an Authorized Connection, QuickBoard Service; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that QuickBoard provides to you or any other part of the QuickBoard Service.

Our Enforcement Rights

We are not obligated to monitor access or use of the QuickBoard Service, QuickBoard Content, or to review or edit any QuickBoard Content, but we have the right to do so for the purpose of operating the QuickBoard Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the QuickBoard Service and any QuickBoard Content at any time and without notice, and at our sole discretion, if we determine that the QuickBoard Content or your use of the QuickBoard Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the QuickBoard Service.

Use The Quick Board Service At Your Own Risk

Our goal is to provide helpful and accurate information on the QuickBoard Service, but we make no endorsement, representation or warranty of any kind about any QuickBoard Content, information, services or recommendations.

Consult Your Doctor Before Using The QuickBoard Service

The Quick Board Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the QuickBoard and QuickBoard Service. If you experience a medical emergency, stop using the QuickBoard and consult with a medical professional. We are not responsible for any health problems that may result from training programs through the QuickBoard Service. If you engage in any training program you receive or learn about through the QuickBoard Service you agree that you do so at your own risk and are voluntarily participating in these activities.

Copyright Policy

QuickBoard respects copyright law and expects its users to do the same. It is QuickBoard’s policy to terminate in appropriate circumstances account holders who repeatedly infringe the rights of copyright holders.

Changes To The Quick Board Service

QuickBoard may change or discontinue, temporarily or permanently, any feature or component of the QuickBoard Service at any time without notice. QuickBoard is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the QuickBoard Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by QuickBoard products without prior notice to you.

Termination

If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. Upon any termination, discontinuation or cancellation of the QuickBoard Service or your account, the following provisions of these Terms will survive: QuickBoard’s Rights; Our Enforcement Rights; Consult Your Doctor Before Using The QuickBoard Service; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.

Disclaimers

THE QUICKBOARD SERVICE AND QUICKBOARD CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. We make no warranty that the QuickBoard Service or QuickBoard Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You acknowledge and agree that if you rely on any QuickBoard Content or the QuickBoard Service, you do so solely at your own risk.

Indemnity

You will indemnify and hold harmless QuickBoard and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys ’fees arising out of or in any way connected with (i) your access to or use of the QuickBoard Service or (ii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses

Limitation Of Liability

NEITHER QUICKBOARD, ITS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE QUICKBOARD SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE QUICKBOARD SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT QUICKBOARD 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. 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

IN NO EVENT WILL QUICKBOARD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE QUICKBOARD SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO QUICKBOARD FOR USE OF THE QUICKBOARD SERVICE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN QUICKBOARD AND YOU.

Dispute Resolution

You agree that any dispute between you and QuickBoard arising out of or relating to these Terms of Service, the QuickBoard Service, or any other QuickBoard products or services (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws principles.

Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against QuickBoard, you agree to try to resolve the Dispute informally by contacting QuickBoard. If a dispute is not resolved within 90 days after submission, you or QuickBoard may bring a formal proceeding.

Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the QuickBoard products or QuickBoard Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

General Terms

Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between QuickBoard and you regarding the QuickBoard Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between QuickBoard and you regarding the QuickBoard Service and QuickBoard Content. If for any reason 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.

You may not assign or transfer these Terms, by operation of law or otherwise, without QuickBoard’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. QuickBoard may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by QuickBoard under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the QuickBoard Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.

QuickBoard’s failure to enforce any right or provision of these Terms will not be considered a waiver of such 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 QuickBoard. Except as expressly set forth 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.

Additional Terms May Apply

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

SMS Terms

These SMS Terms apply to text messages from The Quick Board, LLC (QuickBoard). They are part of these Terms and Conditions.

Program Description

When you request a QuickBoard demo, you may choose to receive text messages about it. The texts are demo reminders (about 24 hours and 1 hour before your demo), scheduling help, and a follow-up if we miss each other. You join by ticking the text message box on our demo request form. You do not have to agree to receive texts to request a demo or to buy anything.

Message Frequency and Cost

We send up to 4 messages per demo request. Message and data rates may apply, according to your mobile plan.

Opt Out and Help

Reply STOP at any time to end all texts. We will send one confirmation and no more. Reply HELP for help, or email info@thequickboard.com.

Carriers

Carriers are not liable for delayed or undelivered messages.

Your Information

We use your phone number only as described in our Privacy Policy. We do not sell or share your SMS opt-in data or personal information with third parties for marketing purposes.

Commercial Terms and Conditions

These terms of sale (“Terms”) apply to all orders accepted by The Quick Board, LLC (“QuickBoard”) for the sale of its sensor board products (“Products”) and the software embedded in QuickBoard sensor boards, the QuickBoard web application, and the QuickBoard mobile application (“Service”). To the extent the Products contain or consist of software in any form, such Service is licensed to Customer (“Customer”), not sold. Terms such as “sell” and “purchase”, as used in these Terms, apply only to the extent the Products consist of items other than the Service.

SUBSCRIPTION AND PAYMENT

The Customer agrees to the Products and Service pricing specified on the website or quoted by a QuickBoard representative.
Fees are due and payable in advance, unless payment terms have been established, and any unpaid fees may result in suspension or termination of the Service.
If payment terms are granted, send purchase orders to the following email address: kevinmartin@thequickboard.com

ACCESS AND USE

The Quick Board, LLC grants the Customer a non-exclusive, non-transferable right to access and use the Service during the subscription term.
The Customer shall not reverse engineer, decompile, or otherwise attempt to derive the source code of the Service.
The Customer is responsible for maintaining the confidentiality of its login credentials and is liable for any unauthorized use of the Service under its account.
The Customer must initially register an administrator account and is responsible for creating location accounts within the administrator account.
The Customer is responsible for creating location-based user profiles for employees to access the Service within their organization.
Customer will use its sole discretion on appropriate use with clients or patients.

DATA AND PRIVACY

The Quick Board, LLC will maintain appropriate administrative, physical, and technical safeguards to protect the Customer's data
The Quick Board, LLC complies with applicable data protection laws and regulations.

INTELLECTUAL PROPERTY

The Quick Board, LLC retains all intellectual property rights of the Products and in the Service and any related documentation or materials.
The Customer shall not remove, alter, or obscure any proprietary notices accompanying the Service.

OUR ENFORCEMENT RIGHTS

We are not obligated to monitor access or use of the QuickBoard Service, QuickBoard Content, or to review or edit any QuickBoard Content, but we have the right to do so for the purpose of operating the QuickBoard Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the QuickBoard Service and any QuickBoard Content at any time and without notice, and at our sole discretion, if we determine that the QuickBoard Content or Customer use of the QuickBoard Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the QuickBoard Service.

TERMINATION

If Customer violates these Terms, we reserve the right to deactivate the Customer account or terminate these Terms, at our sole discretion, at any time and without notice or liability to Customer. Upon any such termination, we may delete Customer Content and other information related to the Customer account. Upon any termination, discontinuation or cancellation of the QuickBoard Service or Customer account, the following provisions of these Terms will survive: QuickBoard’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitations on Liability; Dispute Resolution; and General Provisions.

COMPATIBILITY

Customer acknowledges the compatibility of the Products customer is purchasing with other required equipment (e.g., ensuring that Customer mobile device and/or operating system is compatible with the Product). Customer is solely responsible for determining the compatibility of the Products with other equipment, and Customer accepts that lack of compatibility is not a valid claim under the warranty provided with Products and does not otherwise constitute a basis for receiving a refund after the 30-day refund policy identified above.

CHANGES TO THE QUICKBOARD SERVICE

QuickBoard may change or discontinue, temporarily or permanently, any feature or component of the QuickBoard Service at any time without notice. QuickBoard is not liable to Customer or to any third party for any modification, suspension or discontinuance of any feature or component of the QuickBoard Service. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by QuickBoard products without prior notice to Customer.

LIMITED PRODUCT WARRANTY

Subject to the terms and conditions set forth herein, QuickBoard expressly and exclusively warrants solely to original, end-user Customers (each a “Customer”) that sensor boards and any other products manufactured by the QuickBoard (collectively, “Products”) shall be free from defects in materials and workmanship when properly used and maintained for a period of one (1) year from the date of sale (the “Warranty Period”). NO WARRANTY, INCLUDING THIS LIMITED STATEMENT OF WARRANTY, SHALL BE IN EFFECT UNTIL CUSTOMER HAS TENDERED AN INITIAL PAYMENT FOR PRODUCTS PURCHASED. IF CUSTOMER PURCHASES PRODUCTS ON AN INSTALLMENT BASIS PAYMENT PLAN AND DEFAULTS THEREUNDER, THIS LIMITED STATEMENT OF WARRANTY SHALL TERMINATE WITH RESPECT TO CUSTOMER AND SHALL RELIEVE THE QUICKBOARD OF FURTHER OBLIGATION TO CUSTOMER HEREUNDER

The exclusive warranty for any Products that QuickBoard, in its sole and absolute discretion, determines to be defective within the Warranty Period is repair or replacement of such defective Products. The existence of a defect shall be determined by QuickBoard in accordance with procedures established by QuickBoard. Repaired parts or replacement Products shall be provided by QuickBoard on an exchange basis and shall either be new or refurbished to be functionally equivalent to new. Repaired parts or replacement Products shall be provided to Customer only upon submission to QuickBoard of the original invoice or sales receipt (indicating the date of purchase) within the Warranty Period. Customer’s failure to notify QuickBoard of defective Products within the Warranty Period shall terminate this Limited Statement of Warranty with respect to Customer and shall relieve QuickBoard of any further obligation to such Customer hereunder. QuickBoard shall not be responsible for any transportation costs and/or any risks associated with transportation of Products.

No representative of QuickBoard is authorized to extend any additional warranty unless approved in writing by an authorized representative of QuickBoard. This Limited Statement of Warranty is provided solely to Customer and is not transferable. Customer is responsible for determining whether Products are suitable for Customer’s intended use.

CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR LIABILITY OF ANY KIND WITH RESPECT TO PRODUCTS SHALL BE LIMITED TO THE REMEDY OF REPAIR OR REPLACEMENT OF PRODUCTS IN ACCORDANCE WITH THIS WARRANTY. QUICKBOARD SHALL, UNDER NO CIRCUMSTANCES, BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR LOSS OF USE, REVENUE OR PROFIT, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE, EVEN IF QUICKBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT THIS LIMITED STATEMENT OF WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, QUICKBOARD’S LIABILITY TO CUSTOMER SHALL NOT EXCEED THE PRICE OF PRODUCTS PURCHASED. Customer agrees that QuickBoard is not an insurer and no insurance coverage is offered herein. QuickBoard is not assuming liability, and, therefore shall not be liable to Customer for any loss, personal injury or property damage sustained by Customer or any other party as a result of any failure of Products, or any other cause whatsoever, unless such loss or damage was proximately caused by the QuickBoard’s gross negligence or caused by QuickBoard’s intentional conduct.

This Limited Statement of Warranty may be modified at any time by QuickBoard without notice to Customer and the modified version shall be in effect for all sales of Products made after the modification irrespective of any warranty published or posted in any catalog, sales literature or online location.

DISCLAIMERS

THE QUICKBOARD SERVICE AND QUICKBOARD CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. We make no warranty that the QuickBoard Service or QuickBoard Content will meet Customer requirements or be available on an uninterrupted, secure, or error-free basis. Customer acknowledges and agrees that if Customer relies on any QuickBoard Content or the QuickBoard Service, Customer will do so solely at Customer’s own risk.

INDEMNITY

Customer will indemnify and hold harmless QuickBoard and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys ’fees arising out of or in any way connected with (i) Customer access to or use of the QuickBoard Service or (ii) Customer breach of any warranties made by Customer hereunder or Customer violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by Customer, in which event Customer will cooperate with us in asserting any available defenses.

LIMITATIONS ON LIABILITY

IN NO EVENT WILL QUICKBOARD BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT QUICKBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. QUICKBOARD AND CUSTOMER HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL QUICKBOARD’S LIABILITY TO CUSTOMER ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO QUICKBOARD BY CUSTOMER FOR THE PRODUCT THAT GIVES RISE TO THE CLAIM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to Customer.

DISPUTE RESOLUTION

Customer agrees that any dispute between Customer and QuickBoard arising out of or relating to these Terms, or any other QuickBoard Products or Service (collectively, “Disputes”) will be governed by the arbitration procedure outlined below.

GOVERNING LAW

The Terms and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to its conflict of laws principles.

INFORMAL DISPUTE RESOLUTION

We want to address Customer concerns without needing a formal legal case. Before filing a claim against QuickBoard, Customer agrees to try to resolve the Dispute informally by contacting QuickBoard. We'll try to resolve the Dispute informally by contacting Customer through email. If a dispute is not resolved within 90 days after submission, Customer or QuickBoard may bring a formal proceeding

LIMITATION ON CLAIMS

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Customer use of the QuickBoard Products or Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

TERM

Upon payment for the QuickBoard Service, Customer accepts the one-year license contract required to use QuickBoard Products.

AUTOMATIC RENEWAL AND CANCELLATION

Service fees will be charged to the Customer credit card, unless payment terms are in place, and will automatically renew at the applied tier pricing then in effect for the duration of Customer subscription until Customer cancels. The Service fees will be charged based on the selected monthly or annual plan and payment cannot be suspended or postponed for any reason. The one-year license contract will automatically renew unless notice of cancellation is received in writing 30 days prior to the renewal date. If Customer credit card is invalid for any reason, charged back, or if QuickBoard does not receive payment, we will cancel Customer subscription immediately.

REPRESENTATIONS, WARRANTIES AND COVENANTS

Customer represents, warrants and covenants that (a) the subscription and credit card or banking information that Customer supplies is true, correct and complete, (b) Customer will pay any charges that Customer incurs in connection with the Products and Service, including any applicable taxes, (c) Customer will update Customer subscription and credit card or banking information as required, (d) Customer will not allow anyone else to use Customer subscription, (e) Customer will not transfer Customer subscription or password to anyone else and (f) Customer will report to us any unauthorized or prohibited use of Customer subscription.

GENERAL PROVISIONS

The parties disclaim application of the United Nations Convention on Contracts for the International Sale of Goods.

Customer may not assign or transfer these Terms, or any order accepted by QuickBoard hereunder, in whole or in part, by operation of law or otherwise, without QuickBoard’s express prior written consent. Any attempt to do so, without QuickBoard’s consent, will be null and of no effect. QuickBoard may freely assign these Terms.

The failure by QuickBoard to enforce any provision of these Terms will not constitute a waiver of future enforcement of that or any other provision. If for any reason 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.

These Terms constitute the complete and exclusive agreement between QuickBoard and Customer regarding its subject matter and supersedes all prior or contemporaneous quotations, agreements, communications or understandings, whether written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of these Terms will be effective only if in writing and signed by duly authorized representatives of each party.

Customer will not export or re-export, directly or indirectly, the Products, or any technical information related thereto, or any direct products thereof, to any destination or person prohibited or restricted by the export control laws and regulations of the United States, without the prior authorization from the appropriate governmental authorities.

ADDITIONAL TERMS MAY APPLY

Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.

CONTACT US

PLEASE CONTACT US IF CUSTOMER HAVE ANY QUESTIONS ABOUT THESE TERMS. The Quick Board, LLC

PO Box 241759

Memphis, TN 38124

info@thequickboard.com