Terms of Service

Last Updated: March 21, 2022
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‍First, thank you for using Quiver's products!! We work hard to help and support your use of computers so they are as reliable and secure as possible.

When using our services, you are agreeing to the Terms of Service. For the purposes of this agreement, any use of  "Quiver","Company","we","us" or "our" is in reference to Quiver, LLC. Any use of "you" or "your" is in reference to people or organizations that use our services. "Services" refers to this website and any services you receive from the Company. These services are limited to the user(s) and computer systems that are specifically registered with the company with an active subscription.
The Terms of Service are a binding legal agreement between you and the Company that governs the use of our website and any services provided by the Company. You further acknowledge and agree that our terms and services provided are subject to change at sole discretion of the Company with or without notice and that you are bound by the updated terms immediately upon posting of said terms. If you violate any of the terms, we reserve the right to terminate your account and associated services. Please visit our terms of service and privacy pages periodically to read the updated version of this agreement. You also acknowledge that some or all of the Company's services may be subject to third party licenses, which may further impact your rights. These terms include a limitation of our liability.
This means, by signing up, you place a lot of trust in Quiver. We will do our best to honor that trust by providing you the best possible service.

ACCOUNT TERMS

RIGHT TO ACCESS AND MODIFY YOUR COMPUTER SYSTEMS AND PERIPHERALS
You grant the Company, including its employees, agents, affiliates or third party providers, (a) the right to remotely access your computer, computer systems, software, network devices, routers, or any other devices that are connected on your network; (b) the right to open, view, modify, edit, delete, or manipulate your computer software, applications, data, data storage, the computer operating system, BIOS, word processing, spreadsheets, databases, workflows graphics, audio, video, system drivers and libraries and any other type of software or data that is accessed on or through the computer; (c) the right to download and/or install software or other products on your computer.
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YOUR RESPONSIBILITIES
In addition to your other obligations under this Agreement, you are responsible for maintaining the security and accuracy of your account,  passwords, personal and billing information. In addition to keeping your information current, you are responsible for all activity associated with your account, including any use by persons other than yourself, regardless of your permission or consent; acknowledge and agree that you are required to install the software defined in the Company's services; you agree that you will not resell our services in any way; modify, disable or uninstall software, settings or configurations required for the Company's services to execute properly; agree to comply with the Company’s minimum system and hardware requirements (which may change from time to time); agree that you will maintain high speed internet connection and access and that it is your responsibility to ensure you have adequate connectivity to the internet; will not abuse or mistreat Company agents, employees or affiliates; will comply with all applicable local, state, national and international laws and regulations; not infringe upon the intellectual property or other rights of third parties, and not transmit abusive, obscene, defamatory, threatening, or otherwise inappropriate material or files that contain viruses or other harmful computer code.
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UPTIME, SECURITY AND PRIVACY
Use of our services is at your sole risk. We provide the best services within our abilities and technical possibilities but all services are offered "as is" and "as available". We do not offer service level agreements or uptime expectations.  That said, we work incredibly hard to ensure our services deliver in accordance with or exceeding your expectations. The Company takes security very seriously and has taken measures to ensure your account and computer devices remain secure. That said, the internet is a dangerous place with no guarantees of security, privacy or uptime. You acknowledge and agree that the internet is not delivered, owned, operated or managed by the Company and that the Company has no control over information transmitted over the internet. You acknowledge and agree that the internet is not a secure network and that any and all data is subject to risk of interception, access, use or corruption by third parties. You acknowledge that Company services are delivered remotely via the internet and agree that your systems, devices, data and information are subject to and exposed to security risks by their vary nature and that you, and not the Company, shall be responsible for any and all such security risks. These potential risks include, but are not limited to, damage or corruption to your systems, networks, devices and data which may result in loss of business or time, computer software, applications, data and storage media. You agree that it is your responsibility to take appropriate measures to preserve and protect critical data by performing backups in appropriate ways prior to and after any services are performed by the Company. You acknowledge and agree that the Company, its affiliates or third party providers may at times, without notice or liability, restrict use of or availability of Services in order to perform maintenance activities, your use places an excessive burden on the Company's network (as determined by the Company in its sole discretion) or in the event of a denial of service attack or other attacks. You agree that your use of the Services is your sole responsibility and solely at your own risk. Using our services means you trust us with your data. We honor that trust by promising to never sell or use your data for anything other than providing excellent service to you and as outlined further in our Privacy Policy.

SCHEDULING OF SUPPORT
For all support services that require scheduling a remote support session with the Company, we will make reasonable efforts to schedule mutually convenient appointments within a reasonable timeframe. However, there may be circumstances outside the Company's control that may create scheduling conflicts or unforeseen delays in our ability to deliver services. In the event that such circumstances occur, we will make reasonable efforts to communicate effectively and re-schedule as soon as is mutually beneficial for both parties.

PERFORMANCE OF SUPPORT & REFUND POLICY
Once support has been provided, you must notify the Company within five (5) calendar days to claim that the services provided were deficient. If you fail to notify us within that timeframe, the Company is not required to remedy the deficiency and, in connection therewith, you agree to provide the Company with reasonable efforts and access to your computer systems covered by the services, so we can remediate any claimed deficiencies. If the Company is unable to remedy for any deficiencies provided during that time frame, then the Company, at its sole discretion, may choose to issue a refund for deficiencies on services provided.
Fees paid for prior months of service are nonrefundable. If the company elects to provided a refund as explained above, a credit will be issued to the card that was used to procure the Company's services for the specific services provided during the specific support deemed to be deficient by the Company.
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FEES AND PAYMENTS
You agree to pay the fees for Services provided by the company. Fees are subject to change by the Company at any time and at its sole discretion. You are responsible for all charges relating to accessing the internet. All monthly subscriptions require a (1) month minimum time commitment. You agree to pay all applicable fees for each month subscribed, due in full on a monthly basis. You authorize the Company to process all amounts owed to the Company via its third party payment processing vendor. Should you receive a new number for your credit card and/or account, you shall update your billing information to keep your account current. Failure to do so will result in suspension or termination of your account. If you are unable to be billed for Services for any reason, you agree to be billed directly for amount owed, along with any late fees, chargeback or other fees set forth in this Agreement which will be immediately due and payable. The Company reserves the right to charge any amounts owed by you under this Agreement to your credit card or bill you directly for all amounts owed at the conclusion of Services. For any amount (a) not paid to the Company when due; or (b) paid by you via credit card which (i) the credit card issuer (the ‘issuer’) later rejects or refuses to pay, or (ii) the Company is later required to reimburse the issuer (each, a ‘chargeback’), then in each case, the Company reserves the right to charge and you agree to pay, in addition to the amount not paid, rejected or refused, a fee of 10% of such amount, or the highest rate allowed under applicable law, whichever is lower, and to pay interest on the overdue amount at the rate of 1.5% per month, or the highest rate allowed by applicable law, whichever is lower, until paid in full. In addition, you agree to pay all collection costs, including reasonable attorney’s fees, incurred by the Company in collecting any amounts that you owe to the Company, whether incurred before or after civil litigation is commenced.
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CANCELLATION AND TERMINATION
You are solely responsible for successfully cancelling your account. Instructions for cancelling your account can be found in our Cancellation Policy. Email and phone requests are not valid avenues for cancelling your account though our support team can assist with any questions you may have in the course of cancelling your account. All account info, content and services will be inaccessible and no longer provided immediately upon account cancellation. If services are cancelled before the end of your current month's subscription, you will not be charged again. We do not prorate our services. You have the right to cancel your account at any time for any reason. Similarly, the Company reserves the right to refuse Services to anyone for any reason at any time.

LIABILITY
Liability is mentioned throughout these Terms but to summarize:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) 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 Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
We understand that you are placing a bet with a lot of trust in us to help you keep your computing devices reliable and secure. We take that responsibility very serious and work as hard as we can to honor that trust but understand, if the bet doesn't work out, it is on you, not us. All we can do is strive to provide the best Services to earn your business, one day at a time.
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INDEPENDENT CONTRACTOR
You acknowledge that the Company is an independent entity providing services to you and is not employed directly by you.  The order, sequence and manner in which the services will be performed is under the complete control of the Company and not under your control. You agree that the Company is not required to devote any of its directors, officers, agents employees or affiliates to the performance of services and acknowledge that the Company has other clients and services that are offered and provided to others and the general public.
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WARRANTY LIMITATIONS
The use of our Services is on an 'as is' basis and solely at your own risk. The Company will use commercially reasonable efforts to provide and maintain services that meet or exceed your expectations. That said, the Company provides no warranties under any circumstance nor do we guarantee a resolution to any or all problems.

INDEMNIFICATION, SEVERABILITY, NOTICES
You agree to defend, indemnify and hold harmless the Company against all liabilities, costs and expenses, including attorney's fees, relating to or arising from: (a) your violation of any laws, regulations, this agreement, or terms of any agreement with the Company; (b) any and all claims for damage or injury to persons or property of for loss of life or limb whereby you have been found liable, tort liability or similar action, except to the extent that these liabilities arise from gross negligence or willful misconduct of the Company.
If any provision of this agreement is held to be invalid or unenforceable by a court of competent jurisdiction, it shall not render the entire agreement invalid and all remaining provisions of this agreement will remain in full effect.
Unless stated otherwise, all notices should be sent to customerservice@quiver.cloud.
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