Terms of Use for Quack Rack Inc.

Effective Date: 07/12/2023

Please read these Terms of Use ("Terms") carefully before accessing or using the Quack Rack Inc. platform ("Platform"). These Terms govern your access to and use of the Platform and outline your rights, obligations, and limitations when using our services. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use the Platform.

  1. Acceptance of Terms:

1.1 Agreement: These Terms constitute a legally binding agreement between you and Quack Rack Inc. ("Company," "we," or "us"). These Terms apply to all users of our Platform, including buyers, sellers, and visitors.

1.2 Modifications: We reserve the right to modify or update these Terms at any time without prior notice. By continuing to use the Platform after any modifications, you agree to be bound by the updated Terms. It is your responsibility to review these Terms periodically for any changes.

  1. Use of the Platform:

2.1 Eligibility: By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing or using the Platform on behalf of a company or other legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms.

2.2 User Accounts: To access certain features of the Platform, you may be required to create a user account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during the registration process and to promptly update any changes to your information.

2.3 Prohibited Activities: When using the Platform, you agree not to engage in any activities that violate these Terms or any applicable laws, regulations, or third-party rights. This includes, but is not limited to, the following:

  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with a person or entity.
  • Uploading, posting, transmitting, or otherwise making available any content that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable.
  • Interfering with or disrupting the operation of the Platform or the servers or networks connected to the Platform.
  • Engaging in any activity that compromises the security or integrity of the Platform or circumvents any security measures.
  • Engaging in any form of unauthorized advertising, solicitation, or spamming.

  1. Intellectual Property:

3.1 Ownership: The Platform and all of its contents, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are owned or licensed by Quack Rack Inc. and are protected by intellectual property laws. You acknowledge and agree that all right, title, and interest in the Platform and its contents are the exclusive property of Quack Rack Inc.

3.2 Limited License: Quack Rack Inc. grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform for personal, non-commercial purposes, subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any part of the Platform without the prior written consent of Quack Rack Inc.

  1. Privacy:

Your privacy is important to us. Our collection, use, and disclosure of your personal information are governed by our Privacy Policy. By using the Platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.

  1. Limitation of Liability:

To the maximum extent permitted by law, Quack Rack Inc. and its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with your use of the Platform.

  1. Indemnification:

You agree to indemnify, defend, and hold harmless Quack Rack Inc. and its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Platform or any violation of these Terms.

  1. Termination:

We reserve the right to suspend or terminate your access to the Platform, in whole or in part, at any time and for any reason without prior notice or liability. Upon termination, these Terms will continue to apply to any ongoing obligations or disputes.

  1. Governing Law and Jurisdiction:

These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [Insert Jurisdiction].

  1. Severability:

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

  1. Entire Agreement:

These Terms constitute the entire agreement between you and Quack Rack Inc. with respect to the subject matter hereof and supersede all prior agreements, understandings, and representations, whether oral or written.

If you have any questions or concerns about these Terms, please contact us at media@quackrack.com.

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