These Terms of Service ("Terms") govern your use of any services available through Quikly, Inc., ("Quikly," "we," or "us") a Delaware-based Limited Liability Company (LLC), which owns and operates the website found at quikly.com and quik.ly ("Site") and all services offered via the Site and all related mobile or online apps and services (collectively "Services"). Please read these Terms carefully. If you do not agree to the Terms, you should not use the Site or Services. Continued use of the Site or Services will constitute your acceptance of these Terms.
NOTICE REGARDING DISPUTE RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND QUIKLY HAVE AGAINST EACH OTHER ARE RESOLVED (SEE "DISPUTE RESOLUTION" SECTION BELOW), INCLUDING AN OBLIGATION TO ARBITRATE DISPUTES, WHICH WILL, SUBJECT TO LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE "DISPUTE RESOLUTION" SECTION BELOW.
Quikly is a marketing platform based around speed to act. We partner with brands ("Merchants") to release limited batches of rewards to those who act fastest.
By using Quikly, you expressly agree:
Overall Conditions of Participation
To gain a better understanding of how the Site and Services work, you should read and review our Frequently Asked Questions (http://goo.gl/iKQmq4). If you have any questions or concerns about the Site or Services, please email us at email@example.com.
Changes to the Site or Services
We reserve the right to modify or discontinue any feature or aspect of the Site or Services at any time. We also reserve the right to change these Terms at any time. However, if any material changes are made to these Terms, we will provide notice via the Site. Any use of the Site or Services after the effective date of any change to these Terms shall constitute acceptance of such updated Terms.
We reserve the right to suspend, terminate or cancel your account if we determine in our sole discretion that you have violated these Terms in any way.
User Consent to Receive Communications from Quikly and/or Merchants
In order to use the Services, you understand and agree it is necessary for you to be sent both email messages and SMS text messages, and you consent to receiving such messages. When opting-in to your first Quikly campaign [and thus, creating an account], you will provide your mobile phone number and we will immediately send an SMS text message to you containing an opt-in code that you will need in order to complete the opt-in process. By providing a mobile phone number you are giving Quikly your express consent to be contacted. Additionally, you understand that the action of providing a mobile phone number and clicking "verify" (or other comparable language) constitutes an "electronic signature" and that an "electronic signature" carries with it the same legal authority of a formal signature. In other words, the process of submitting your number to participate in a campaign offered through the Site or Services is the same as signing an agreement with Quikly to agree to receive autodialed communications to the number your submit.
Electronic Communications and Equipment
When you choose to participate in any campaign(s) offered via the Site or Services, you understand and agree that you will receive communications from or on behalf of Quikly and/or the Merchant sponsoring the particular campaign, and that such messages may be sent via email and/or SMS text message, including via automated means. Additionally, you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and the Services and all charges related thereto. No responsibility is assumed for any damages to your equipment resulting from the use of the Site or Services.
Messaging and Data Rates
You understand that while there is no charge for the Quikly service, your standard carrier messaging and data rates may apply. We can only send SMS text messages to mobile phone numbers (sorry, no Google Voice of VOIP services). Quikly’s supported carriers include: Alltel, Appalachian Wireless, AT&T, Bluegrass Cellular, Boost Mobile, Cellcom, Cellular South, Centennial Wireless, Cincinnati Bell, GCI, Immix Wireless, Inland Cellular, IV Cellular, Nex-Tech Wireless, Nextel Communications, nTelos, Revol Wireless, Sprint PCS, T-Mobile, U.S. Cellular, United Wireless, Verizon Wireless, Virgin Mobile, and West Central Wireless. Additional carriers may or may not be supported.
Text Message Volume and Preference Options
For verification purposes, you will be sent one (1) SMS text message upon opting in to your first Quikly campaign which also consititutes the initial creation of an account. This SMS text message will contain an opt-in code and you will need to enter that code in the space provided on the opt-in screen in order to compete your opt-in. This is a one-time SMS text message-- you will not receive any additional SMS text messages containing opt-in codes to participate in subsequent Quikly campaigns. Upon opting in for the first time, you will indicate your preferene of participating via SMS text message or email. You will be able to change your preference setting at any time. If you select SMS text message as your method of participation, whenever you choose to participate in a particular campaign, you will receive up to three (3) SMS text messages per campaign: one if you have "earned time" and opted to be notified via text message in advance of the start of the campaign; another notifying you when the campaign goes live; and a third if you successfully earn a reward and you opted-in to receive the reward via SMS text message. However, you understand and agree that human or technological error may, in rare instances, result in more than the intended number of SMS text messages being sent. You also may elect to receive additional SMS text messages regarding your account, the Site and Services, and/or upcoming or current campaigns. You may opt-out of receiving SMS text messages at any time by: (1) manually changing your user preferences (Hint: upper right hand corner of the initial Quikly page); (2) emailing Quikly at firstname.lastname@example.org; or (3) texting "STOP" to the appropriate short-code number.
By participating in any campaign, or using the Site or Services in any way, you verify that you are at least 13 year of age. Additionally, you understand that particular campaigns may include a specific age requirement to participate (e.g.: must be 18 years or older to participate), and you acknowledge that you must meet the posted age requirement for any campaign.
Claiming or Purchasing a "Quikly"
A "Quikly" is the offer, reward, or deal you claim or purchase during a campaign. By clicking to claim or purchase a Quikly, you are agreeing to the terms, restrictions, and conditions associated with that Quikly. Moreover, you understand that Quiklys are subject to the limitations and rules set forth by the Merchant making the offer via the Quikly platform.
"Claiming" a Quikly indicates that you have participated in a campaign whereby both the participation and the reward are free. "Purchasing" a Quikly indicates that you have participated in a campaign whereby the participation is free, but the offer, reward, or deal is the ability to purchase an item, perhaps where quantities are limited, or perhaps at a price not otherwise generally available to others. To claim or purchase, click or visit the unique link delivered upon live release.
Notification of the live release of a campaign will be sent to you by either SMS text message or email, depending on your prior decision recorded at the time you enroll for the campaign. The email and SMS notifications for each campaign will be sent subtantially simultaneously.
By using the Site or Services, you acknowledge that delivery speeds may vary for any outgoing or incoming message, regardless of medium. For example, an SMS text message announcing that a campaign is going live must travel through a series of networks including your wireless carrier's. Similarly, an email message goes through a series of email networks before it reaches you. Neither Quikly nor any Merchant offering a campaign has any control over the speed with which those messages transmit through those networks. Accordingly, no responsibility is assumed for any delay in your receipt of any notification that a particular campaign has launched, or our receipt of any submission you make.
A claimed or purchased Quikly will be available to you through a unique microsite, an email or a particular manner specified in the campaign details. In order to purchase a Quikly, you must make payment through a payment gateway. All terms and conditions of the third party gateway will apply.
You understand and agree that human or technological error may result in issues surrounding the campaign and your Quikly. Conditions outside of the control of Quikly or the Merchant, such as conditions regarding your Internet and cellular provider, may affect the deliverability of any notifications. Additionally, the time in which a Quikly is released or received may vary. If your Quikly is not received within 12 hours of claim or purchase, please contact us at email@example.com so the issue can be resolved.
Unless otherwise stated, the following additional terms apply:
Expiration Dates: General
Generally, campaign details, fine print or the Quikly itself will establish an expiration date. However, state law may require a merchant to honor any portion of a Quikly for which you have paid money ("Paid Portion") beyond the expiration date. Any portion of a Quikly that was free ("Promotional Portion") will always expire on the established expiration date and may not be extended beyond it.
Expiration Dates: Date-Specific Deals
Quiklys may be date-specific, such as a ticketed event or a specific day to stay at a hotel ("Date-Specific Deal"). Usually this means that the Quikly can only be redeemed on a single date or that you have to choose from a list of available dates before claiming or purchasing. In either case, the date will be identified, and can only be redeemed on that specific date. Both the Paid Portion and the Promotional Portion expire on the specified date. You may not reschedule a Date-Specific Deal for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal. Quikly, or the Merchant, may cancel or reschedule a Date-Specific Deal. In this event, we will notify you by email prior to such cancellation or rescheduling. If the Date-Specific Deal is rescheduled, the email will include the new date or time. If you cannot make the new date, you will be entitled to a refund, upon request, of any Paid Portion. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically refund to you the Paid Portion. In either situation, any Promotional Portion is not compensated for.
Except as otherwise stated, you may obtain a refund of a Quikly’s purchase price (if any) by emailing us at firstname.lastname@example.org. The email must indicate your intent to receive a refund and must be received within (7) days of your purchase. However, we are never responsible for repaying any Promotional Portion of a Quikly. Any use of a Quikly, in full or in part, nullifies and voids our obligation to issue a refund. No refunds will be issued after a Quikly’s expiration date.
Merchant Is The Issuer
The Merchant is the issuer of all Quiklys. The Merchant is also solely responsible for all goods and services provided to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Quikly or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Quiklys. Unless otherwise indicated in a particular campaign, Quikly acts solely as a marketing service on behalf of the Merchant to help execute the Merchant’s campaign, and may from time to time also engage third parties or affiliates to assist in that process on behalf of Merchants. By participating in any campaign, you irrevocably waive all rights related to, and release Quikly and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Quikly or the products and/or services it provides in connection with it.
Some campaigns may not be available in certain areas of the country. Please check the details or fine print prior to opting in to a campaign to ensure that the Quikly is available to you. Additionally, Quikly reserves the right to exclude or limit the provision of all Quikly features. We do not represent or warrant that any product or service promoted via the Site or Services will be available to any particular person. Scarcity drives each campaign. Therefore, Quiklys are limited in number and attempting to obtain more than one Quikly in any individual campaign by any means – whether by use of multiple email addresses, accounts, mobile phone number or otherwise – is strictly forbidden and considered a violation of these Terms. Violating these Terms constitutes grounds for account deactivation and/or disqualification from a campaign and any Quikly you have claimed or purchased may be reallocated at our discretion. Whether or not you have violated, or attempted to violate, our rules shall be determined at our discretion.
By sharing content online relating in any way to Quikly or any campaign ("Content"), you grant Quikly a worldwide, non-exclusive, royalty free, fully paid and perpetual right and license to use and exploit that Content in any way in any media.
Typically, you will share Content relating to a particlar campaign as part of Quikly’s "earn time" platform. "Earning time" means that Quikly will reward you with advance notice of when the relevant campaign will be released live. Advance notice may be earned via social gestures such as: email messages; Facebook posts or "likes"; Twitter tweets or "follows"; Pinterest pins; or photo’s uploaded on Instagram. However, gestures that involve asking or inviting another person to participate are only rewarded when that gesture directly results in an additional campaign opt-in (i.e. users are not rewarded in any way for the invitation itself).
Prohibited User Activity
You agree not to use Quikly for any inappropriate purposes. Strictly prohibited actions include uploading, posting, or transmitting material:
That is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, or otherwise objectionable;
That violates or infringes upon the rights of others in any way;
That encourages others to commit unlawful acts;
That contains advertising, publicity, or solicitation for a product or service that did not receive prior approval from Quikly; or
That inhibits other users from using or enjoying the Site.
Additionally, you agree to follow all rules and regulations of the particular social media outlet you use. Quikly strongly suggests that you read and review their terms of service or rules. Specifically, you agree to completely release Facebook of any and all liability which may accompany your involvement in a Quikly campaign. Additionally, you acknowledge that Quikly is in no way sponsored, endorsed, or administered by, or associated with, Facebook. Further, you understand that when you create an account or sign up for an individual campaign, you are providing your information to Quikly and the Merchant, not to Facebook (except to the extent you post any information on Facebook).
Finally, you are solely responsible and liable for activity that occurs on your account and you agree to notify Quikly immediately in writing if there is an unauthorized use of your account.
PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY PERTAIN TO YOUR LEGAL RIGHTS. IN SHORT, BY CONTINUING, YOU UNDERSTAND AND AGREE:
General Campaign Rules:
Each campaign has its own specific terms, which will be posted in conjunction with the offering of that campaign. In addition to those campaign-specific terms, these Terms shall also apply. In the event of any conflict, these general Terms shall govern.
Quikly campaigns are time based, which combine strategic pre-release positioning with fast-action response time, to claim or purchase a Quikly. You may strategically position yourself in a number of ways, including, for example:
All Quiklys offered in any campaign are automatically sequenced and distributed depending upon the order in which participants have clicked to claim or purchase. Those that click first receive the top positions. This process continues sequentially until all Quiklys for a particular campaign have been claimed or purchased. Please read and review the specific campaign details and fine print prior to opting in to a particular Quikly campaign. They will inform you of information such as: the quantity of Quiklys available, the deadline for opt-in to the campaign, the range of time in which the campaign will go live, as well as any geographical or age limitations.
You understand and accept that neither Quikly nor any Merchant is responsible for malfunctions of electronic equipment, computer hardware or software, or for incomplete or incorrect campaign opt-ins. Nor is any responsibility assumed for problems downloading or accessing campaigns from the Site or for any other technical problems related to the Site or Services. Additionally, we reserve the right to modify, suspend, or terminate a campaign in the event that it becomes infected by a computer virus or is otherwise technically impaired. In the event a dispute arises regarding the identity of the person claiming or purchasing a Quikly, the Quikly will be lawfully belong to the individual whose mobile phone number is on record for the relevant account used in the campaign. However, you also understand that any knowing provision of false or inaccurate information is grounds for removal from a particular campaign, including withholding any claimed or purchased Quikly’s, and potentially deactivation of your Quikly account.
You also understand and accept that by opting in for any campaign(s), you are giving your express permission to be contacted by Quikly via email and/or SMS text-message per your preference for such campaign(s). By clicking the "I agree," "Let's go," "OK, I got it," or "verify" button, or any button comparable language, you are validating your opt-in and accepting the rules as they are herein stated or as they are stated in that particular campaign, as well as these overall Terms.
Copyright & Trademarks
All content and software on the Site and delivered via the Services is the property of Quikly or our affiliated companies, partners, Merchants, or content suppliers. This includes, but is not limited to: all text, images, graphics, logos, designs, music, sound, and software code. You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this content (either in whole or in part), or otherwise modify unless you have received specific permission to do so in a separate agreement from Quikly. Unauthorized use of any content displayed by Quikly is a violation of United States and international copyright, trademark, or other intellectual property laws.
Trademarks located within or on the Site or Services, or otherwise owned or operated in conjunction with the Site or Services, are not within the public domain. Rather, they are the exclusive property of Quikly, unless such content is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Quikly. Other product and company names that are mentioned on the Site or Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this Agreement.
Quikly shall have the right to terminate your account and/or your right to use the Site and/or Services with you if we deem, in our sole discretion, that you have infringed upon any Quikly copyrights, third party copyright rights, trademarks, or third party trademarks.
Disclaimers and Limitation of Liability
Quikly makes no representations or warranties of any kind, expressed or implied, as to the operation of the Site or Services or to the content, information, products, or services featured on the Site or Services. We provide Quikly on an "AS IS" and "AS AVAILABLE" basis.
To the fullest extent permissible by applicable law, Quikly disclaims all warranties, expressed or implied. This disclaimer includes, but is not limited to: implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the Site, Services, servers, or emails or SMS text messages sent in connection with the Site or Services are free of harmful components, such as viruses.
UNDER NO CIRCUMSTANCES SHALL QUIKLY, ITS ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED, POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY OR ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, ADVERTISERS, VENDORS, OR PRODUCT OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Some states do not allow exclusion of certain types of damages, so the foregoing limitations might not apply to you.
You agree to indemnify, defend, and hold harmless Quikly, Merchants, their respective officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or Services using your account.
If a disagreement arises with Quikly, you agree to send Quikly a written notice of dispute, specifically describing the nature and basis of your dispute with the Site or our service. You further agree to allow Quikly to attempt to resolve the matter prior to taking any formal legal action. If after a period of (30) days, we fail to resolve the issue in a manner deemed satisfactory, you agree to send Quikly written notice of your intent to bring forth legal action ten (10) business days prior to taking such action. Any written notice requirements must be addressed to "Quikly, Inc." and mailed to 1528 Woodward Ave, Detroit, MI 48226.
If the dispute cannot be resolved informally, you agree that any claim, you have against Quikly shall be decided by final and binding arbitration by the American Arbitration Association and the applicable rules and procedures established by the American Arbitration Association, all on an individual basis and without use of any class action or other collective process. You may opt out of arbitration by emailing Quikly at email@example.com prior to account activation and requesting so. However, continued use of this site constitutes your consent to decide any claim, dispute or controversy as described above.
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Detroit, Michigan. The parties expressly consent to exclusive jurisdiction in Michigan for any litigation relating to the Site or Services. The Parties irrevocably consent to personal jurisdiction in Michigan for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of Michigan over any litigation arising in connection with, out of, or as a result of these Terms, the Site or Services, or any campaign. In the event of any litigation, both parties waive any right to a jury trial or any use of any class action or other collective action.
These terms and any disputes relating hereto or to the Site or Services shall be governed solely by the internal laws of the State of Michigan applicable to contracts made and performed within such state without regard to principles of conflicts of laws.
These Terms and the terms and conditions referenced herein represent the entire agreement between you and Quikly.
If any provision of these Terms is deemed unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions will not be affected.
No Third Party Beneficiaries
These Terms are between you and Quikly. There are no third party beneficiaries.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
Attn: Terms of Service or Privacy Matters
1555 Broadway Street, Suite 350
Detroit, MI 48226
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