Terms of Service
The My Qmunity Web Site (the "Site") is an online information service provided by In the Q, LLC("In The Q "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MyQmunity.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
Use Void where prohibited
By using the site you represent that you have the right and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.
Changes to the Terms of Service
The Terms of Service may be modified by MyQmunity.com at any time. When changes are made we will notify you on our homepage. Any such modification will take effect immediately upon MyQmunity.com’s posting of the new Terms of Service. Your continued use of the Site after the posted modifications to the Terms of Service indicates your acceptance of the modification.
All services provided by MyQmunity.com ("MyQmunity.com") may be used for lawful purposes only. Transmission or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless MyQmunity.com from any claims resulting from the use of service which damages the subscriber or any other party.
Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are In The Q, LLC, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to MyQmunity.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to MyQmunity.com by all means and in any media now known or hereafter developed. You also grant to MyQmunity.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MyQmunity.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MyQmunity.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of In the Q LLC. Other product and company names mentioned in the Site may be the trademarks of their respective owners. Use of the Site.You understand that, except for information, products or services clearly identified as being supplied by MyQmunity.com, MyQmunity.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for MyQmunity.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with MyQmunity.com a. You also understand that MyQmunity.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MyQmunity.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND MyQmunity.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MyQmunity.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. MyQmunity.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
Registering with myqmunity.com
If you register for a “myQmunity.com" account, you will be allowed to save and personalize myQmunity.com content and your home page and post ratings and reviews about businesses and other user reviews and receive and view offers from businesses listed on the MyQmunity.com site,. By having a “myQmunity.com" account you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these Terms, myQmunity.com may, at its sole discretion, terminate your accounts, remove or modify any account-related content or access (including, but not limited to, reviews, newsletters, and user profile information), or take any other action that myQmunity.com believes is appropriate.
Posting Reviews and/orphotos on myQmunity.com
MyQmunity.com reserves the right, but not the obligation, to refuse to post or to remove any Review if it contains or features any of the following:·
Unacceptable Content and Postings:
1. Offensive, harmful and/or abusive language and or images, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language/images and hate speech (e.g., racist/discriminatory speech.)
2. References to illegal activity, malpractice, purposeful overcharging, false advertising or health code violations (e.g., food poisoning, foreign objects in food, etc.)
3. Reviews submitted by the reviewed business's employees (past or present) or competitors as determined by MyQmunity.com.
4. Reviews commenting on other users.
5. Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
6. Excessive damage caused by business or service to person or property.
7. Personal information or messages including email addresses, URLs, phone numbers and postal addresses.
8. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
9. Language or images that violate the standards of good taste or the standards of this website, as determined by myQmunity.com in its sole discretion.
10. Content determined by MyQmunity.com to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
11. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures.
12. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
Reviews are not endorsed by MyQmunity.com
Reviews do not reflect the views of myQmunity.com; its parent In the Q LLC, subsidiary or affiliated companies; or its employees, officers, directors, or shareholders. myQmunity.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Reviews are owned by MyQmunity.com
Reviews that are submitted to MyQmunity.com shall be owned exclusively and in perpetuity by MyQmunity.com. Such exclusive ownership means that MyQmunity.com, any subsidiary, and/or affiliated companies have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, and distribute any and all materials and communications regarding and including submitted Reviews. MyQmunity.com is under no obligation to give credit or pay any consideration to you for your Reviews.
Links and Search Results
The Site produces search results that reference or link to third-party sites throughout the World Wide Web. MyQmunity.com has no control over these sites or the content within them. MyQmunity.com cannot guarantee, represent, or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. MyQmunity.com does not endorse the content of any third-party site, nor do we warrant that it will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against MyQmunity.com for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify MyQmunity.com at legal@MyQmunity.com, and MyQmunity.com will investigate your claim and take any actions MyQmunity.com deems appropriate at our sole discretion.Business listings located on MyQmunity.com are selected for display in search results based primarily on their content in relation to the user-provided search terms.
Although MyQmunity.com cannot monitor the conduct of its users off the Site, it is a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from our Web site without the prior expressed written permission of MyQmunity.com.
LIMITATION OF LIABILITY
IN NO EVENT WILL MyQmunity.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF myQmunity.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MyQmunity.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. MyQmunity.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-MyQmunity.com web site, please understand that it is independent from MyQmunity.com, and that MyQmunity.com has no control over the content on that web site. In addition, a link to a MyQmunity.com web site does not mean that MyQmunity.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless MyQmunity.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
2. Third Party Rights.
The provisions of paragraph 1 (Indemnification) are for the benefit of MyQmunity.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs representing (Copyright, Licenses and Idea Submissions), (Use of the Service), (Indemnification), (Third Party Rights) and (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between MyQmunity.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the county of Hillsborough in the State of Florida in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MyQmunity.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MyQmunity.com may assign its rights and duties unde