Quotabelle terms of service
effective date: March 1, 2014

Acceptance of terms
Eligibility
User accounts
Ownership of content
Limitations
Quotabelle Copyright Policy
Rules of conduct
Charges and billing
Communications
Privacy | Security
Jurisdictional issues and export control laws
Termination and survivability
Links to third-party sites
Disclaimer of warranty; Limitation of liability
Indemnity
Jurisdiction and choice of law
Dispute resolution and arbitration
Miscellaneous

Quotabelle is a personal inspiration gallery – a welcoming place to discover women + girls who challenge, encourage and entertain us. We're keenly focused on the ideas and stories of real women + girls…well-known females and remarkable ones who are not widely known (yet). Quotabelle offers our users the opportunity to access quotes by females and learn more about the people behind the ideas. To achieve our goals, Quotabelle operates the website www.quotabelle.com (the “Site”) and social media applications, and offers various products and services, including research on female quote authors, products capturing your favorite quotes, on or through our Site (collectively, the “Services”).

First things first. Quotabelle is created with a heartfelt desire to have an impact by connecting people through ideas and stories.

In keeping with our brand, we have chosen not to use all caps in this document to call attention to certain items. We believe all caps come across as yelling. We don’t like being yelled at, and we’re guessing you don’t either.

This legal document outlines language that is important to protecting you and us. It lays out important terms that will govern our relationship.

So, please read it. If you don’t understand anything, let us know. If you simply don’t believe in how we do things, perhaps this is not the place for you. We understand.

This is important. These are the terms of service. Please read them carefully before using the Site and Services.

1. Acceptance of terms

These terms of service, as amended from time to time and published at http://www.quotabelle.com/terms, and as incorporating the Quotabelle Privacy Policy available at http://www.quotabelle.com/privacy (“Terms of Service”), are a legal agreement between Quotabelle, Inc. (hereinafter referred to as “Quotabelle”) and you (“You”).

You must read and agree to these Terms of Service, including the Privacy Policy, before using the Site and | or Services controlled by Quotabelle. By using the site and | or the Services, you agree to these terms of service. If you do not agree to these terms of service, do not use the Site and | or the Services.

You are responsible for regularly reviewing the Terms of Service, as the Terms of Service may be modified at any time. All such modifications will be effective immediately upon posting. If you are dissatisfied with any modification to the Terms of Service, Your only remedy is to terminate Your use of the Site and/or the Services, as described in Section 12 (Termination and Survivability) of these Terms of Service. Your continued use of the Site and/or the Services after a change or update has been made to the Terms of Service constitutes Your acceptance of such change or update.

2. Eligibility

This is important. You must be at least 13 years of age to use the Site and | or the Services.

By using the Site and/or the Services, You represent and warrant that (a) You are 13 years of age or older; (b) all registration information You submit to Quotabelle is truthful and accurate; (c) You will maintain the accuracy of such information; and (d) Your use of the Services or the Site does not violate any applicable law or regulation.

3. User accounts

To fully use the Site and/or the Services, You may wish to create a user account (“Account”). If You create an Account, You agree to provide Quotabelle with current, complete, true and accurate information, and to update this information should it change. Quotabelle may suspend, terminate, modify, or delete Your Account with or without notice to You, at any time for any reason or for no reason, including but not limited to for violation of the Terms of Service.

Some Services may require payment of fees to Quotabelle; if You purchase any goods or services that require payment of fees to Quotabelle, You agree to provide Quotabelle with current, complete, true and accurate billing information, such as Your credit card or other payment system number and expiration date.

If You create an Account, You may be asked to choose a password and a user name. You agree, in the sole discretion of Quotabelle, that Your user name will not: (i) substantially infringe the legal rights of others, including, but not limited to, by comprising or being substantially similar to a trademark or service mark; (ii) be offensive, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (iii) in any way infringe these Terms of Service; (iv) be otherwise inappropriate, regardless of Quotabelle’s ability to disallow such user names; or (v) be a name that is associated with another person, including but not limited to a celebrity or other well-known person or a Quotabelle representative.

You agree that You will not take any actions for the purpose of circumventing the foregoing restrictions. You understand and agree that Quotabelle reserves the right to change, remove, alter or delete any user name at any time and for any reason in Quotabelle’s sole discretion.

Another important piece of information. You are entirely responsible for maintaining the confidentiality of your password and for any and all activities that occur in association with your account, whether or not authorized by you.

You agree to notify Quotabelle immediately of any unauthorized use of Your Account or any other breach of security and to provide properly documented evidence as requested by Quotabelle. You may not use anyone else’s Account at any time and You may not allow anyone else to use Your Account at any time. You agree that Quotabelle will not be liable for any loss You may incur as a result of someone else using Your password or Account, either with or without Your knowledge, and You further agree that You will be liable for losses incurred by Quotabelle or another party due to someone else using Your Account or password.

Very important as well. (We hope it never comes to this.) Quotabelle reserves the right to terminate or suspend your account and / or access to the Site and / or the Services at any time, for any reason or no reason, with or without notice to you.

Quotabelle also reserves the right to change or discontinue any service or feature provided by Quotabelle, including, without limitation, the Site and the Services, at any time and without notice.

You agree that Quotabelle shall not be liable for any loss or damage caused , directly or indirectly, by any such termination, suspension, change or discontinuance.

In the event that Your Account is terminated, suspended or canceled, no refund will be granted and no other credits will be credited to You or converted to cash or other form of reimbursement, and You will have no further access to Your Account, Content or anything associated with it.

4. Ownership of content

“Content” shall mean including, without limitation, characters, data, quotes, images, drawings, photographs, animations, video, audio, music, text, and applets on the Site, and any and all other material and information You see on the Site and/or the Services, whether provided by Quotabelle or by users of the Services.

Here’s something you need to know. All use of content is provided “as is” and at your own risk.

You acknowledge and agree that all content is the property of Quotabelle and / or its licensors and that you have no intellectual property rights or other rights in any content, regardless of whether that content was provided by Quotabelle, you, or another user of the services.

You acknowledge that the Content, Services and Site are protected by copyrights, trademarks, and other proprietary rights owned by Quotabelle, and/or its licensors, including rights to the selection, coordination, arrangement and enhancement of such Content, and that these rights are valid and protected in all media existing now or later developed. Except as expressly provided herein, Quotabelle and its licensors do not grant You any express or implied rights, and all right, title and interest that Quotabelle has in the Site and/or the Services, that are not expressly granted by Quotabelle to You are retained by Quotabelle. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without Quotabelle’s prior written permission, except that the foregoing does not apply to Your own posted submissions.

You agree that You may not upload or otherwise transmit on or through the Service Content that is subject to any third-party rights unless any holder of such rights has given express authorization for distribution on the Site and/or the Services.

You agree that any Content You submit does not create an obligation for Quotabelle to provide You any payment or other remuneration. If and to the extent You are deemed to have retained, under applicable law, any right, title or interest in or to any portion of the Content, You hereby transfer, grant, convey, assign and relinquish exclusively to Quotabelle all of Your right, title and interest in and to the Content, without reservation and without additional consideration, under applicable patent, copyright, trade secret, trademark and other similar laws or rights, in perpetuity, and in the alternative to the extent such assignment is ineffective under applicable law, You hereby grant to Quotabelle, the exclusive, irrevocable, sublicensable, transferable, worldwide, paid-up license to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice the Content, all modified and derivative works thereof, all portions and copies thereof in any form, all inventions, designs, and marks embodied therein, and all patent, copyright, trade secret, trademark and other intellectual property rights thereto, and/or to incorporate the same in other works in any form, media, or technology now known or later developed. To the extent permitted by applicable laws, You hereby waive any moral rights You may have in the Content.

5. Limitations

Important to understand. Any use of the services in violation of these terms of service will be regarded as an infringement of Quotabelle’s copyright rights in an and to the content.

You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any Content, or other materials appearing in or generated by the Site or Services, or any information obtained from the Site or the Services, without the express written consent of Quotabelle.

You may not, under any circumstances, exploit the Content or the Services for any purpose whatsoever.

You may not, under any circumstances, use the Content or the Services in any manner that is (i) unlawful; (ii) that could damage, disable, overburden, or impair any Quotabelle server or the network(s) connected to any Quotabelle server; (iii) that could interfere with any other party’s use and enjoyment of the Services; (iv) that gains or attempts to gain unauthorized access to any Services, unpublished information or material, other users’ Accounts, or computer systems and/or networks connected to any Quotabelle server, or to any of the Services, through hacking, password mining or any other means; (v) that collects or aggregates information regarding other users’ actions relating to the Services; or (vi) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the Content or Site.

6. Quotabelle Copyright Policy

You will refrain from posting any information or items to the Site or through the Services which are copied, in whole or in part, from third party sources without authorization. For further clarification, please see the U.S. Law on Copyrights, or see the web Site of the U.S. Copyright Office or U.S. Trademark Office.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials hosted by Quotabelle infringe your copyright, You (or your agent) may send us a notice requesting that the material be removed or access to it blocked. Please see the requirements and specific instructions for submitting a notice to Quotabelle in Quotabelle Copyright Policy. If You believe in good faith that a notice of copyright infringement has been wrongly filed against You, the DMCA permits You to send Quotabelle a counter-notice. Please refer to Quotabelle’s Copyright Policy for the requirements and instructions for submitting a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices with respect to the Site, including the Services, should be sent to Quotabelle’s DMCA Agent for notice of claims of copyright infringement at:
DMCA Agent
Quotabelle, Inc.
13146 Ashvale Drive
Fairfax, VA 22033
phone: 703.272.3822
email: copyright@quotabelle.com (with the subject line “DMCA Communication”)

Quotabelle’s DMCA Agent should be contacted only for the purposes set forth in this Section 6.

To ensure we’re clear: All other inquiries directed to Quotabelle’s DMCA Agent will not be answered.

7. Rules Of Conduct

By way of examples and not as limitations, You agree that You may not access the Site and/or Services to:

Publish, post, upload, transmit, distribute, disseminate or otherwise make available surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including but not limited to the rights of privacy and publicity.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or otherwise offensive or objectionable.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material or information, including but not limited to images, photographs, sound files, text files, graphics files, and videos that infringe or misappropriate any copyright, trademark, patent, trade secret, or right of privacy or publicity, or other right of any party.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available any files that contain viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or any other similar software or programs that may damage or interfere with the operation of the Site and/or Services, other users’ access to the Site and/or Services and/or other users’ computers.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material for which copyright management or digital rights management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material has been falsified, deleted, or otherwise disabled.
Restrict or inhibit any other user from using and enjoying the Services, including but not limited to by disrupting the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly, inputting excessively large images so the screen goes by too fast to read, use of excessive SHOUTING (all capital letters) in an attempt to disturb other users, “spamming,” or flooding (continuous posting repetitive text).
Violate any applicable laws or regulations, or promote or encourage any illegal activity.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available any material regarding hacking, cracking, exploiting, or otherwise making use of the Site, the Services, or the Content in any manner.
Impersonate or create a false identity, including but not limited to identities falsely indicating that the user is a celebrity or a Quotabelle representative.
Collect in any manner information regarding users of the Site or Services, or other user or usage information or any portion thereof, or distribute such information to any third party.
Attempt to obtain passwords, other Account information, or any other private information from any other user of the Site or the Services, including, without limitation, the collection personal information about others, including e-mail addresses.
Make false reports to Quotabelle administrators.
Publish, post, upload, transmit, distribute, disseminate or otherwise make available any automation software programs or any other unauthorized third-party software program designed to modify the Site and/or Services.
Use the Services in any manner other than as an individual user (i.e., not as a corporation or other entity).
Use the Services for fraudulent transactions.
Use the Services to offer to transfer, buy, auction, rent, lease, loan or sell access to Your Account.
Frame or mirror any part of the Site and/or Services without Quotabelle’s express prior written consent.
Institute an attack upon any server used in connection with the Site or any portion thereof or otherwise attempt to disrupt such servers.
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Site or the Content.
Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Site, Services and/or the Content.

8. Charges and billing

You agree to pay all fees or charges incurred by Your Account, including applicable taxes, in accordance with these Terms of Service and the billing terms that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US Dollars and do not include Internet service provider, telephone, and other connection charges. Quotabelle may add new services for additional fees and charges, or proactively amend fees and charges for existing services, at any time in its sole discretion. You represent to Quotabelle that You are an authorized user or an authorized user of the chosen method of payment used to pay all fees You incur plus all applicable taxes.

Important: You are fully liable for all charges to your account.

Quotabelle may provide links to other websites. Some of these websites may charge separate fees for access to content or services. Quotabelle may also provide access to third-party vendors who provide information, goods and/or services on the Site or the Internet. Any separate charges or obligations You incur in Your dealings with these third parties are Your responsibility. Quotabelle makes no representation or warranty regarding any information, goods and/or services provided by any third-party.

9. Communications

By providing Your email address to Quotabelle and subscribing to Quotabelle communications, You understand You may receive periodic information regarding current and future services offered on the Site and/or the Services and/or related third party products. You may unsubscribe at any time by terminating Your Account as described in Section 12 (Termination and Survivability).

10. Privacy / security

You understand that any information provided by You or collected by Quotabelle in connection with Your use of the Site and/or Services will be used in the manner described in these Terms of Service and in the terms and conditions of Quotabelle’s Privacy Policy , such privacy policy being incorporated into and made a part of these Terms of Service by this reference. If You do not agree to the terms of the Privacy Policy you may not use the Site. Without limiting the terms of the Privacy Policy, You understand that Quotabelle does not guarantee that Your use of the Site and/or the information provided by You will be private or secure, and Quotabelle is not responsible or liable to You for any lack of privacy or security You may experience. You are fully responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Site.

11. Jurisdictional issues and export control laws

The Site and/or Services are controlled and operated by Quotabelle from its offices within the United States. Quotabelle makes no representation that Content and other materials available through the Site and/or Services are appropriate or available for use in any other locations. Those who choose to access the Site and/or Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or other materials subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software.

The Content may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. You represent and warrant that You are not located in, under the control of, or a national or resident of any country or on any such list.

12. Termination and survivability

These Terms of Service are effective until terminated. Quotabelle may terminate these Terms of Service with or without notice to You by terminating Your Account as set forth in Section 3 (User Accounts). You may terminate these Terms of Service and Your Account by sending an email stating Your intention to terminate these Terms of Service to Quotabelle at: privacy@quotabelle.com, Attn: Privacy Department with the subject line “Account Termination”. Such termination will not be effective until acknowledged by Quotabelle but not more than twenty (20) business days after sending such termination email.

The provisions of Sections 4 (Ownership of Content), 5 (Limitations), 6 (Use of Copyrighted, Trademarked or Other Protected Material), 12 (Termination and Survivability), 14 (Disclaimer of Warranty; Limitation of Liability), 15 (Indemnity), 16 (Jurisdiction and Choice of Law), and 17 (Dispute Resolution and Arbitration) shall survive any termination of these Terms of Service.

13. Links to third-party site

The Site may link to third party Site (“Linked Site”). These Linked Site are not controlled by Quotabelle. Quotabelle is not responsible for the information of the Linked Site, for the business practices or privacy policies of the Linked Site, or for the collection, use or disclosure of any information by the Linked Site. Quotabelle provides links to the Linked Site only as a matter of convenience, and the inclusion of any link does not imply an endorsement by Quotabelle of any Linked Site.

Please be aware that any time you click on a video or multimedia link on our Site, you are being linked to a third party’s service.

You acknowledge and agree that Quotabelle does not endorse, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, goods or services available on or through any Linked Site. You agree that Your use of the Linked Site, including without limitation Your use of any information, data, advertising, products, or other materials on or available through the Linked Site, is at Your own risk and is subject to the term and conditions or use applicable to the Linked Site.

Quotabelle is not involved in any way in the actual transaction between the Linked Site and You. Quotabelle acts solely as a passive conduit for the Linked Site’ sales, distribution and the communication of Your information with regards to transaction with Linked Site.

You assume any and all risks, known or unknown, now existing or hereafter arising, related to the transactions with the Linked Site’ items, including, but not limited to, completing transactions, default, negligence, unauthorized use of Your Account and password and other users acting under false identity.

You acknowledge that Quotabelle is not a part to any possible future disputes between You and the Linked Site. Resolution of any dispute is the full and sole responsibility of the involved parties and Quotabelle will not act as a mediator between them. You release Quotabelle, its agents, representatives and employees, from any and all claims, demands and damages, direct and indirect, suspected and unsuspected, arising from such dispute.

Quotabelle expressly disclaims all warranties with regard to the Linked Site items or service, including, but not limited to, merchantability, non-infringement and fitness for a particular purpose.

Another important point. You further agree to release Quotabelle for any responsibility derivate from this transaction and accept the linked site’s Terms for the transaction.

Quotabelle is not responsible for any software used with or in connection with the Services. Quotabelle does not control and is not responsible for any information You provide to parties other than Quotabelle. Quotabelle is not a party to Your agreement with any party that provides software, products or services to You in connection with the Services.

14. Disclaimer of warranty; Limitation of liability

To the maximum extent allowed by law, neither Quotabelle nor its affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the “Quotabelle Parties”) warrant any connection to, transmission over, or results or use of, any network connection or facilities provided or failed to be provided through the Site and/or Services. You are responsible for assessing Your own computer and transmission network needs, and the results to be obtained therefrom.

Please make sure you review and understand all of the important information in the following section:

You expressly agree that the use of the Site and / or Services is at your sole risk.

The Site and / or Services are provided on an “as is” and “as available” basis for your use, with out warranties (including, without limitation, implied warranties of title, non-infringement, accuracy, authenticity, merchantability and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade) or conditions of any kind, either express or implied, unless such warranties or conditions are legally incapable of exclusion.

Quotabelle provides the Site and/or Services on a commercially reasonable basis and does not warrant that you will be able to access or use the Site and/or Services at times or locations of your choosing, or that Quotabelle will have adequate capacity for the Site and/or Services as a whole or in any specific geographic area. Quotabelle does not warrant that your use of the site or the services will be uninterrupted, error-free or secure, that defects will be corrected, or that the site (or any part thereof including the content), the server(s) on which the site are hosted or content are free of viruses or other harmful components. Quotabelle assumes no responsibility for any damages suffered by you, including but not limited to, loss of data, images, items or characters from delays, non-deliveries, errors, system down time, misdeliveries or service interruptions caused by Quotabelle, or by your or other users’ errors and/or omissions.

You acknowledge that you are responsible for obtaining and maintaining all computer hardware and other equipment needed to access and use the site and all charges related thereto. You assume all responsibility and risk for your use of the site and content and your reliance thereon. No opinion, advice or statement of Quotabelle or its affiliates, licensors, suppliers, advertisers, of Quotabelle or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members, employees or visitors, whether made on the site, in the content or otherwise, shall create any warranty.

Your use of the Site and any content and the Services are entirely at your own risk.

The disclaimers of liability contained in this section apply to any damages (including, without limitation, damages for loss of business, loss of data or lost profits) or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of confidant services or communication services, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You acknowledge and agree that to the maximum extent permissible by law, Quotabelle is not liable for any act or failure to act by them or any other person regarding conduct, communication or content on the site and/or Services or use of the Site and/or Services. You acknowledge and agree that your exclusive remedy for any dispute with Quotabelle is to stop using the Site and/or Services, and to cancel your account(s). In no case shall the liability of Quotabelle to you exceed the amount that you paid to Quotabelle or its designees during the prior one (1) month period for the applicable services giving rise to any such liability. In no case shall Quotabelle be liable for any special, incidental, indirect, punitive or consequential damages arising from your use of the site, services, or the content, and for any other claim related in any ways to your use of the Site, Services, or the content, or interactions with Quotabelle. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Quotabelle shall be limited to the fullest extent permitted by law. Quotabelle does not endorse, warrant or guarantee any third-party product or service offered through the Site and/or Services and will not be a part to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

Quotabelle expressly disclaims all representation and warranties regarding goods and services you obtain from third parties during your use of the Site and/or Services. You agree to look solely to third parties for any and all claims regarding such transactions with third parties. You further agree that third party items purchased are done so via an agreement between you and the third party.

We’re flagging this for you to read closely. Any reference to a person, entity, product, or service on the site does not constitute an endorsement or recommendation by Quotabelle or any of its employees or independent contractors.

No communication of any kind between you and Quotabelle or a representative of Quotabelle shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the Terms of Service.

Quotabelle reserves the right to remove any material posted on the message boards or other areas of the site and social media outlets that it determines in its sole discretion are in violation of any law or right of any person, infringes on the rights of any person, or is otherwise inappropriate for posting on the Site.

15. Indemnity

You agree to defend, indemnify and hold harmless Quotabelle and its directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation reasonable attorneys’ fees) arising out of (a) Your use of, or activities in connection with the Site, including the Services; (b) any violation of these Terms of Service by You or through Your Account or using Your user name; or (c) any allegation that any information, messages, or materials that You make available or create through the Site and/or Services infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

16. Jurisdiction and Choice of Law

These Terms of Service, and any disputes arising from or relating to the conduct covered by the Terms of Service, are governed by the laws of the Commonwealth of Virginia. You hereby submit to the exclusive jurisdiction, including waiving any objection to personal jurisdiction, of the courts of Fairfax County, Virginia without regards to any principles of conflicts of laws and the United Nations Convention on Contracts for the International Sale of Goods. Those who choose to access the Site and/or the Services from locations outside of California do so on their own initiative contrary to the terms of these Terms of Service, and are responsible for compliance with local laws if and to the extent local laws are applicable.

17. Dispute Resolution and Arbitration

Any disputes between You and Quotabelle relating to Your use of the Site and/or the Services that involve a claim of less than $10,000 shall be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, You and Quotabelle agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any disputes between You and Quotabelle relating to Your use of the Site and/or Services that involve a claim of more than $10,000 shall be subject to the exclusive jurisdiction of the courts of Fairfax County, Virginia.

18. Miscellaneous

a. Assignment

Quotabelle may assign these Terms of Service, in whole or in part, at any time. You may not assign, transfer or sublicense these Terms of Service or any or all of Your rights or obligations under these Terms of Service without Quotabelle’s express prior written consent.

b. Waiver

No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.

c. Headings

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

d. Notice

Notices to You may be made via posting to the Site, by email, or by regular mail, in Quotabelle’s discretion. Quotabelle may also provide notices of changes to these Terms of Service or other matters by displaying such notices or by providing links to such notices on Quotabelle’s Site. Without limitation, You agree that a printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

e. Severability

If any part of these Terms of Service are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect.

f. Complete agreement

These Terms of Service, including the documents expressly incorporated by reference, constitute the entire agreement between You and Quotabelle with respect to its subject matter. These Terms of Service supersede all prior or contemporaneous communications, whether electronic, oral or written, between You and Quotabelle with respect to its subject matter and You represent that You have not relied on any such communications in accepting these Terms of Service.

g. Notice for California users

Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

h. Questions

If you have any questions, comments or complaints regarding these Terms of Service or the Site or Services, feel free to contact us at: customerservice@quotabelle.com.

i. General provisions

Quotabelle’s performance of these Terms of Service are subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of Quotabelle’s right to comply with governmental, court, and law enforcement requests or requirements relating to Your use of the Site and/or the Services or information provided to or gathered by Quotabelle with respect to such use.

A printed version of these Terms of Service and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The parties agree that all correspondence relating to these Terms of Service, shall be written in the English language.