Terms of Use
This sweepstakes is not sponsored by or in any way affiliated with Apple Inc.
Apple is not responsible for the administration of this sweepstakes or the prize awarded.
The prize is not an Apple product and is not associated with Apple.
Your use of and access to any PROPQWIZ Property are subject to these Terms of Use (“Terms”).
1. ACCEPTANCE OF TERMS
1.1
These Terms are entered into by and between you and Gray Matters Digital, Inc. and its corporate subsidiaries (“PROPQWIZ”, “we”, “us” and “our”), and you accept and are subject to these Terms by using or accessing the PROPQWIZ Property. If you are using the PROPQWIZ Property on behalf of your employer, you accept these terms on your and your employer’s behalf (and any reference to “you” or “your” includes your employer) and represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer indemnifies PROPQWIZ for violations of these Terms as set forth in Section 7 below. If you do not agree to the terms of this agreement or are dissatisfied with the PROPQWIZ Property, your sole remedy is to stop using the PROPQWIZ Property.
2. DESCRIPTION OF PROPQWIZ PROPERTY
2.1
The term “PROPQWIZ Property” means this website and any and all property, services, software, widgets, websites, devices, hardware, platforms, interfaces, resources, tools, products, content, data, applications, metadata, images, rich media, text, music, sound, photographs, graphics, video, advertisements, messages and other materials, products, services or technology owned by PROPQWIZ, its subsidiaries or its affiliates, licensors, partners or end users or made available to you by PROPQWIZ directly or indirectly (e.g. on PROPQWIZ Property, via hyperlinks or otherwise). PROPQWIZ controls and operates PROPQWIZ Property from various locations and makes no representation that the PROPQWIZ Property is appropriate or available for use in any or all locations. PROPQWIZ Property may not be available in your location, and PROPQWIZ Property may vary among locations. Upgrades, updates, maintenance and support of PROPQWIZ Property are provided by PROPQWIZ at its sole discretion.
2.2
Subject to these Terms, PROPQWIZ hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable right and license to use the PROPQWIZ Property as intended and permitted by PROPQWIZ solely for your personal, non-commercial use. You agree not to access or use the PROPQWIZ Property through any interface other than the one provided by PROPQWIZ for such access and use. No other use is permitted without the prior written permission of PROPQWIZ. The permitted use described in this paragraph requires your compliance with these Terms at all times.
2.3
As between you and PROPQWIZ, PROPQWIZ and its subsidiaries, affiliates, licensors and partners shall exclusively own and hold all right, title and interest in and to the PROPQWIZ Property including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations. You receive no ownership rights or other rights in the PROPQWIZ Property (other than rights to use PROPQWIZ Property solely as expressly permitted in and subject to these Terms) and shall not, and shall ensure your employer, employees, agents and affiliates do not, directly or indirectly contest PROPQWIZ’s ownership of the PROPQWIZ Property.
3. YOUR OBLIGATIONS AND CONDUCT
3.1
In consideration of your use of the PROPQWIZ Property, you agree to: (a) provide accurate, current, and complete information about you on any registration form, if any, and in your PROPQWIZ account, if any, and on the PROPQWIZ Property (the “Registration Data”); (b) maintain the security of your password and identification, if any; (c) maintain and promptly update the Registration Data, and any information you provide to PROPQWIZ, to keep it accurate, current and complete; (d) comply with these Terms and all applicable laws, rules and regulations; and (e) accept all risks of unauthorized access to information and Registration Data. You have the sole responsibility for adequate protection and backup of data and for any equipment, hardware, software, infrastructure, internet connections, technology and other services you use to access, or otherwise use in connection with, the PROPQWIZ Property. You are fully responsible for all activities that occur using your password, user names and/or PROPQWIZ account, regardless of whether such activities are undertaken or authorized by you or a third party.
3.2
You are entirely and exclusively responsible for all information that you upload, display on, post or otherwise transmit via the PROPQWIZ Property. You wil not upload, post or otherwise transmit via the PROPQWIZ Property information that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to PROPQWIZ or other users of the PROPQWIZ Property; (b) includes unauthorized disclosure of personal information or violates any laws, rules or regulations; (c) violates or infringes anyone’s intellectual property, publicity or other rights or is tortious; or (d) 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. PROPQWIZ reserves the right to edit or remove any information that it determines in its sole discretion violates these Terms or that contains third-party commercial advertisements.
3.3
You agree that you will not use the PROPQWIZ Property to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be PROPQWIZ or someone else, or spoof PROPQWIZ’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the PROPQWIZ Property or normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the PROPQWIZ Property; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including without limitation attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect, store or provide to PROPQWIZ any personal data about other users unless specifically authorized in writing by such users and PROPQWIZ.
4. CONFIDENTIALITY
4.1
You may obtain direct access via the PROPQWIZ Property to PROPQWIZ Property or other information that is confidential information of PROPQWIZ and its subsidiaries, affiliates, licensors, partners or suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as being confidential or is deemed confidential by PROPQWIZ (“Confidential Information”). You must hold Confidential Information in strict confidence. As between you and PROPQWIZ, PROPQWIZ and its subsidiaries, affiliates, licensors, partners and suppliers shall exclusively own and hold all right, title and interest in and to the Confidential Information including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations thereof.
4.2
Your obligations regarding Confidential Information will continue in perpetuity after the date of disclosure. Upon termination of the Terms or PROPQWIZ’s written request, you must cease any and all use of Confidential Information and return or destroy it.
4.3
The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you lawfully possessed prior to your receipt from PROPQWIZ, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public lawfully through no act or omission by you, or otherwise without violation of the Terms; (c) you lawfully obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently and lawfully developed without the use of Confidential Information and without the participation of individuals who have had access to it; or (e) is required by law to be disclosed in response to a valid order by a court or other governmental body or as necessary to establish the rights of either party under these Terms, but only as disclosed after prior notice to PROPQWIZ adequate to afford PROPQWIZ the opportunity to object to the disclosure or seek confidential treatment in its discretion.
5. YOUR CONTENT
5.1
Unless otherwise stated herein, or in PROPQWIZ’s Privacy Policy, any content, ratings, feedback, preferences or other information or property you provide to PROPQWIZ (including without limitation on or in connection with the PROPQWIZ Property) shall be deemed to be provided on a non-confidential basis. PROPQWIZ shall be free to use or disseminate any and all such content on an unrestricted basis for any purpose, and you grant PROPQWIZ and all other users of the PROPQWIZ Property an irrevocable, perpetual, worldwide, royalty-free, nonexclusive license to use, reproduce, combine, modify, distribute, transmit, display, perform, adapt, sell and publish such content on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing licenses and rights, including without limitation the grant of rights for the worldwide transfer and processing among PROPQWIZ, its subsidiaries, affiliates, and third-party providers of any information and content that you may provide via the PROPQWIZ Property. PROPQWIZ is not directly or indirectly responsible or liable for and shall have no obligations with respect to any content you provide to PROPQWIZ or place on the PROPQWIZ Property, including without limitation for any actual or alleged damage or loss caused by or in connection with any use of or reliance on any such content by any party.
5.2
If you wish to submit products to PROPQWIZ for inclusion on our websites, databases or other PROPQWIZ Property, please contact us for more information. Notwithstanding anything to the contrary, by submitting such products and other materials to PROPQWIZ, you acknowledge and agree that those products and materials will not be returned to you and may be used by PROPQWIZ at its discretion on an unrestricted basis for any purpose. As between you and PROPQWIZ, PROPQWIZ shall exclusively own and hold all right, title and interest in and to such products and materials you submit to PROPQWIZ, including without limitation any and all intellectual property and proprietary rights and any derivatives, revisions, enhancements, modifications or condensations thereof. For the avoidance of doubt, all information, data, editorial content, materials, images, rich media and other content about products collected and/or created by PROPQWIZ (including without limitation with or without reference to the products and/or materials you submitted to PROPQWIZ) are the property of PROPQWIZ and are PROPQWIZ Property for purposes of these Terms.
6. CONTENT PROVIDED VIA LINKS AND THIRD PARTY CONTENT
You may find third party content and/or links to third party Internet sites or resources in or on the PROPQWIZ Property. You acknowledge and agree that PROPQWIZ is not responsible for activities of third parties or the availability of such content or external third-party sites or resources, and PROPQWIZ 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 or from third parties. PROPQWIZ will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with any use of or reliance on any such content, goods or services.
7. INDEMNITY
You agree to indemnify and hold PROPQWIZ and its subsidiaries, affiliates, licensors, partners and suppliers and their respective shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employees and representatives harmless from any claims made or brought by a third party, including without limitation lawsuits, actions, proceedings, arbitrations, liabilities, damages, fees, penalties, judgments, settlements, expenses or demands, reasonable attorneys’ fees, due to, relating to or arising out of your content, property or any information or materials you provide to PROPQWIZ, use of or access to PROPQWIZ Property by you and/or your affiliates, shareholders, officers, directors, agents, licensors, suppliers, customers, alliance members, partners, employers, employees and representatives (including without limitation any use on behalf of your employer or any third party), your violation of the Terms, or your violation of any rights of another.
8. NOTICES; MODIFICATION, AND TERMINATION OF PROPQWIZ PROPERTY
PROPQWIZ may provide notice to you via email, regular mail, or posting notices or links to notices via the PROPQWIZ Property. PROPQWIZ and its designees reserve the right to, at any time, monitor, restrict access to, edit, remove, delete, modify, limit, suspend or terminate the PROPQWIZ Property (or any part thereof or related information or files), and/or your use of or access to the foregoing, with or without notice and in its sole discretion. If you breach these Terms, these Terms and any and all of your rights to use or access PROPQWIZ Property shall immediately and automatically cease and terminate. PROPQWIZ will not be liable to you or any third-party for any deletion, modification, limitation, suspension, or termination of the PROPQWIZ Property (or any part thereof or related information or files), or loss of related information.
9. ADVERTISEMENTS AND PROMOTIONS
PROPQWIZ may run advertisements and promotions on the PROPQWIZ Property, including without limitation on behalf of third parties. Your correspondence or business dealings with, or participation in promotions of, advertisers or companies other than PROPQWIZ found on or through the PROPQWIZ Property, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or company. PROPQWIZ is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements or promotions on the PROPQWIZ Property.
10. INTELLECTUAL PROPERTY RIGHTS
10.1
Except as expressly authorized by PROPQWIZ, you agree not to reproduce, link to (via hyperlinks or otherwise), scrape, modify, rent, copy, lease, loan, sell, distribute, mirror, frame, syndicate, cache, store, record, publish, download, transmit, display or create derivative works of the PROPQWIZ Property, in whole or in part, by any means. You may not, for example, publish any portion of the PROPQWIZ Property (or links thereto) on any internet, intranet or extranet site or incorporate the PROPQWIZ Property in any product, database, compilation, archive or cache. You must not modify, decompile, or reverse engineer any software PROPQWIZ discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. You shall not attempt to circumvent any content protection mechanisms or digital rights management systems.
10.2
“PROPQWIZ Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans and other designations PROPQWIZ uses in connection with its products and services, and those of its subsidiaries. You agree to comply with PROPQWIZ’s Trademark Guidelines, which are available here and incorporated into these Terms. You may not use, remove or alter any PROPQWIZ Trademarks, or co-brand your own products or material with PROPQWIZ Trademarks, without PROPQWIZ’s prior written consent. You acknowledge PROPQWIZ’s rights in PROPQWIZ Trademarks and confirm that any use of PROPQWIZ Trademarks by you shall inure to PROPQWIZ’s sole benefit. You will not incorporate any PROPQWIZ Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3
PROPQWIZ is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on PROPQWIZ Property, please contact our Copyright Agent in accordance with our Copyright Policy which is available here and incorporated into these Terms.
10.4
Except as expressly set forth in these Terms, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any PROPQWIZ Property or any other product, content, technology, intellectual property or service of PROPQWIZ or its subsidiaries, affiliates, licensors or partners. In addition, nothing in these Terms shall be deemed to grant to you or any third party the right or license to use PROPQWIZ Property on any platform or device, in any place or in any manner which is not expressly authorized hereunder. For clarity, no right or license, express or implied, is granted to you or any third party by estoppel, implication, exhaustion or other doctrine of law, equity or otherwise with respect to any patent or patent application of PROPQWIZ or its subsidiaries, affiliates, licensors or partners. Nothing in these Terms shall be deemed to be a waiver or release of your past, present or future obligations to acquire such rights and/or licenses from PROPQWIZ or its subsidiaries, affiliates, licensors or partners.
11. DISCLAIMER OF WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW:
11.1
YOUR USE OF THE PROPQWIZ PROPERTY, INCLUDING, WITHOUT LIMITATION, ALL ADVERTISEMENTS AND OTHER CONTENT, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. PROPQWIZ AND ITS SUBSIDIARIES AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS, CUSTOMERS AND PARTNERS SHALL HAVE NO DIRECT OR INDIRECT LIABILITY OR RESPONSIBILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE PROPQWIZ PROPERTY. THE PROPQWIZ PROPERTY IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. PROPQWIZ DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. PROPQWIZ MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, AVAILABILITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE PROPQWIZ PROPERTY.
11.2
PROPQWIZ MAKES NO WARRANTY OR REPRESENTATION THAT: (A) THE PROPQWIZ PROPERTY WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PROPQWIZ PROPERTY WILL BE ACCURATE, COMPLETE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, TIMELY, SECURE, ERROR-FREE OR RELIABLE; (C) THE QUALITY OF ANY PROPQWIZ PROPERTY OR PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE PROPQWIZ PROPERTY WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (D) ANY ERRORS OR DEFECTS IN THE PROPQWIZ PROPERTY WILL BE CORRECTED.
11.3
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR PROPERTY OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE PROPQWIZ PROPERTY (INCLUDING WITHOUT LIMITATION DAMAGE CAUSED BY CHANGES TO THE PROPQWIZ PROPERTY), INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1
TO THE FULLEST EXTENT PERMITTED BY LAW, PROPQWIZ IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE PROPQWIZ PROPERTY, EVEN IF PROPQWIZ HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO: (A) THE USE OF OR THE INABILITY TO USE THE PROPQWIZ PROPERTY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE PROPQWIZ PROPERTY; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR CONTENT, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (D) DEATH OR PERSONAL INJURY OR (E) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2
TO THE EXTENT THAT THE APPLICABLE LAWS OF ANY JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DEATH OR PERSONAL INJURY, DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXCLUSION OF STATUTORY RIGHTS OR DAMAGES FOR FRAUDULENT MISREPRESENTATION, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, BUT ONLY TO THE EXTENT THAT THE EXCLUSION OR LIMITATION IS NOT ALLOWED BY APPLICABLE LAWS.
13. PRIVACY POLICY
You consent to the collection, processing and storage by PROPQWIZ of your personal information, if any, in accordance with the terms of PROPQWIZ’s Privacy Policy, which is available here and incorporated into these Terms. You agree to comply with all applicable laws, rules and regulations, and the terms of PROPQWIZ’s Privacy Policy, with respect to any access, use and/or submission by you of any personal information in connection with the PROPQWIZ Property.
14. GENERAL TERMS
14.1
These Terms and the Privacy Policy constitute the entire agreement between you and PROPQWIZ relating to the subject matters addressed in such documents. These Terms cancel and supersede any prior versions of the Terms. No modifications made by you to the Terms will be binding on PROPQWIZ unless in writing and signed by an authorized PROPQWIZ representative. PROPQWIZ reserves the right to terminate and/or change these Terms at any time in its sole discretion with or without notice. PROPQWIZ may notify you of any such changes solely by changing these Terms and making them available on this website. Your continued use of the PROPQWIZ Property after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. You will not assign or otherwise transfer the Terms or any right granted under these Terms. You also may be subject to additional terms and conditions that may apply when you use PROPQWIZ or third-party products or services.
14.2
Any material breach of Sections 3, 4, 5, 6 and 10 of the Terms will result in irreparable harm to PROPQWIZ for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, PROPQWIZ will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if PROPQWIZ seeks such an injunction.
14.3
Unless contrary to applicable law in your jurisdiction: a) If the address you provide in the Registration Data is located anywhere in the world other than the European Union, the United Kingdom or any other country in Europe, New York law and controlling U.S. federal law govern any action related to the Terms and/or your use of the PROPQWIZ Property. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and PROPQWIZ submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York, U.S.A. b) If the address you provide in the Registration Data is located in the European Union, the United Kingdom or any other country in Europe, the laws of England and Wales shall govern any action related to the Terms and/or your use of the PROPQWIZ Property. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and PROPQWIZ agree to submit to the personal and exclusive jurisdiction of the courts located within England and Wales.
14.4
The PROPQWIZ Property and products derived or obtained from the PROPQWIZ Property may be subject to U.S. export laws, rules and regulations and the export or import laws, rules and regulations of other countries. You agree to comply strictly with all such laws, rules and regulations and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use PROPQWIZ Property or anything derived from the PROPQWIZ Property to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide PROPQWIZ Property or anything derived from the PROPQWIZ Property to prohibited countries and/or entities identified in the U.S. export regulations.
14.5
Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
14.6
Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
14.7
In the event of a conflict between these Terms and any other agreements between you and PROPQWIZ, PROPQWIZ shall determine in its discretion which terms shall govern.
14.8
This English language version of these Terms governs your relationship with PROPQWIZ and any translations of the Terms into another language shall not be binding on PROPQWIZ.
14.9
For any recurring subscription, auto-renewal will continue to bill your preferred form of payment on the selected subscription renewal cycle (monthly or annually), until cancellation is initiated by you.
14.10
To stop your next auto-renewal from occurring, requests for cancellation must be made at least 24 hours in advance of the next auto-renewal date.
14.11
Your use of and access to any PropQwiz Property are subject to these Terms of Use (“Terms”).
SMS Terms and Conditions:
1. PropQwiz (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), subject to these Mobile Messaging Terms and Conditions (the “Terms”). If you do not wish to continue participating in the program or no longer agree to these Terms, you can reply “STOP” to any mobile message from Us to opt out of the Program.
2. User Opt In: The Program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Terms apply to your participation in the Program. The mobile messaging service used by Us to communicate with you requires human intervention for Our mobile messages to be initiated, and thus Our mobile messages are not sent to you by an automatic telephone dialing system (“ATDS” or “autodialer”). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Us.
3. Program Description: Without limiting the scope of the Program, users who opt into the Program can expect to receive messages for phone number verification, alerts, updates, promotions, game play updates.
4. Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with Us.
5. Contact Information: For support, text “Support” to Support, or to any of Our mobile messages, or email support@propqwiz.com.
6. User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to Support, or to any of Our mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to Support or to any of Our mobile messages you receive, or by contacting Us via the means provided above and clearly communicating your intent to unsubscribe from the Program. For additional support, text “HELP” to Support to get help.
7. MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS messaging.
8. Disclaimer: The Program is offered on an “as is” basis. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of Our control. Your wireless service provider/network operator is not liable for delayed or undelivered mobile messages. Your participation in the Program is at your sole discretion and risk, and if you are dissatisfied with the Program, message content, or these Terms, you should opt-out and cease use of the Program.
SMS Privacy: We respect your privacy. We will only use information you provide to transmit your mobile messages and respond to you, if necessary. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies. This Section 10 is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.
9. To the fullest extent permitted by law, each of the parties agrees that any proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated hereby.
10. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any further rights under this agreement. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these Terms unless explicitly stated otherwise in writing. We reserves the right to change these Terms from time to time. Any material updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.
Click here for the PropQwiz Privacy Policy.