General Terms and Service Conditions Agreement
- By clicking accept, the user agrees to all points contained within this document and agrees to pay the prices displayed and all associated taxes and shipping costs contained within their level of service and/or their choice of products.
- The following terms and conditions form a binding agreement between you (the user) and QR Estates which is sometimes referred to as QRE and QRestates or QRestates.com. Please review the following terms carefully. By using the service or products, you are agreeing to these terms. If you do not agree to these terms, you must cease use of the QRE website and all its products and services. The term "you" refers to the person accessing or using the our services, or the company or organization on whose behalf that person accesses QRestates.com.
- All users must of legal age in their location to use our services.
- Users will not copy or distribute any part of the QRE website in any medium without prior written consent from QRE.
- Users will provide true and accurate information when creating or registering for an account.
- Users are solely responsible for content submissions, contact information, pictures and any other content displayed on QRestates.com.
- Users accept all responsibility for all necessary licenses, rights, permissions and consents of any of any related content to the properties displayed on QRestates.com.
- Users will not submit any content that they do not own copyright to or they must have consent of the copyright holder to use and display said content. QRE has the full right to review and reject and/or remove any content that is deemed unacceptable and/or inappropriate. If the user does not comply and remove the questionable content, QRE reserves the right to remove it immediately. QRE will then review all material submitted by the user and/or terminate your account without prior notice.
- Users are solely responsible for their user ID and passwords and all activity that occurs while they are signed in and using QRestates.com, with their user ID and password combination
- QR Estates is not responsible for lost or misused passwords and login information.
- Users will not use QRE to collect any personally identifiable information such as account names, phone numbers, email addresses, or other such information for commercial use or solicitation.
- Failure to receive renewing payments within 30 days will result in a suspension and/or termination of services at any time within those 30 days. QR Estates will attempt to contact all delinquent users, at their supplied contact information, prior to suspension or termination of all services.
- QR Estates reserves the rights to terminate services without probable cause. Any outstanding debts will be pursued and collected. Any credits will be pro-rated and refunded within 90 days minus any outstanding processing and service fees.
- Any products or signage will be shipped within 7 days of receiving payment, unless a special arrangement exists.
- QR Estates is not responsible for delays in third party shipping and/or lost or damaged goods.
- Photographers will be contacted from our referral service within 48 hours of receiving the photo request and payment for photo services.
- Users must be present and accept all responsibilities and liabilities resulting from any photographer dispatched or referred to by QRE.
- QRE is not responsible for any damages or liabilities incurred by photographers or any third party contractors and subcontractors.
- Photographers are not representatives or employees of QRE and are considered third party contractors. QRE is not legally or financially responsible for any legal actions resulting from a QRE referred photographer at any time whether resulting from on-site actions or actions at any other time.
- QR Estates is not responsible for any damages and/or liabilities incurred during photography sessions and are the sole responsibility of the photographer.
- Photographers will supply an adequate amount of pictures to each realtor or user for selection. The number of photographs will differ depending on each property. Number of photographs can be agreed upon between the realtor and the photographer.
- Upload of pictures for slideshow use is the sole responsibility of the realtor and/or their designate.
- User hereby unconditionally releases and forever discharges any persons, entities and their respectful directors, officers, employees, agents, contractors, partners, shareholders, successors, assignees, parent or subsidiary entities, representatives, members or affiliates related in any way to the photographer dispatched by QRE, from any and all actions, liabilities, damages, losses, costs, expenses, negligence, gross negligence and/or product liability, breach of contract, or breach of any statutory or other duty of care owed under applicable laws, that QRE, it's heirs, next of kin, spouse, distributees, guardians, legal representatives, executors, administrators, successors and assigns now have or may hereafter have for any injury to anyone or any property resulting directly or indirectly from photographers dispatched from QRE.
- User is aware that this agreement includes a release of all liability and a contract enforceable against QRE (and heirs, next of kin, distributees, guardians, legal representatives, executors, administrators, successors and assigns, in a court of law.
- User will have agreed to have read, understand and agreed to all within this document or agreement and have done so by their free will.
- User will agreed to being of sound mind and not being under the influence of any substance or substances that may impair the users judgment when reviewing and agreeing with this agreement and all points contained within.
- Users can use the digital QR codes as they wish, as long as their account is in good standing.
- Users cannot transfer their issued QR codes or listings to another realtor or another user.
- Each listing or QR code will have the ability to include: Realtor and/or Office Contact information, website, viewing requests, map, a text message, and picture slide show.
- Technical support and customer service will respond by phone or email within 1 business day of initial contact.
- QR Estates cannot guarantee functionality of QR codes printed by a third party. All codes printed by QR Estates will guarantee functionality on the majority of code reading devices capable of reading QR codes at shipping time only. Any malfunction of codes due to weathering, marking, defacing and acts of God are not the responsibility of QR Estates. Replacement signs due to damage can be issued and replaced for regular costs.
- Special requests for any customization and alterations will be reviewed and responded to within 2 days of the request.
- The users agree to a non-competition of QR code related business for profit for a period of 2 years from the date of termination of services with QR realtor. Failure to comply with this will be dealt with legally.
- Users understand and agree that information submitted to QRE is done so with the purpose of disclosure in a variety of ways by QRE. Therefore any submissions by the user is not subject to any confidentiality obligation in any way. Any credit card or financial information is maintained with appropriate security.
- Any and all forms of communication between the user and QRE will also be deemed non-confidential and non-proprietary. Any suggestions for improving or modifying our services can be used by QRE without limitation and becomes property of QRE.
- QRE provides our site and services "as is", "with all faults" and "as available". QRE is not responsible financially or in any other way responsible to interruptions or incidents occurred by our third party host, connections to the internet, or by failure of any software or hardware. QRE will do our utmost part in ensuring our services are available at all times and in all locations within our control, and to the highest of standards and quality acceptable to QRE. QRE does not guarantee that QRE will meet your requirements, is error-free, 100% reliable or without interruption or available at all times.
- QRE does not guarantee sales results from using our products and services.
- No oral or written information or advice given by another member, agent, employee, share holder or any other QRE representative will create any other warranty or agreement and will not be honored by QRE other than this agreement. You may have local laws that cannot change this contract.
- User's sole and exclusive remedy for any dispute with us is to discontinue using our services. In no event shall our liability or the liability of our affiliates, directors, officers, vendors, agents for any and all claims relating to the use of the QRE site and services exceed the total amount of fees that users have paid QRE during the previous 1 month for any specified service challenge.
- We, QRE, QRestates, QRestates.com, officers, agents, directors, vendors or any QRE representative shall be liable for any indirect, special, incidental, consequential or exemplary exclusions apply to any claims for lost profits, data, goodwill, work stoppage, computer failure or malfunction or any other commercial damages or losses.
- If any jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions our liability and all affiliates of QRE shall be limited to the extent permitted by law.
- Users agree to defend, indemnify and hold harmless QRE and all its representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses arising from: users use of QRestates.com, users violation of services and this agreement, your violation of any third party right, including without limitation any copyright, property, or privacy right or any claim that any content submitted by you causes damage to a third party.
- You release QRE from any claims and liability related to content posted by you or your designate and to any other third party claims related to posted content.
- QRE does not grant you any special license of any intellectual property rights by virtue of this agreement to any content posted on QRestates.com.
- QRE claims rights without limitation of text, software, scripts, graphics, photos, sounds, interactive features, logos, trademarks, and service marks uploaded and/or created by QRE representatives.
- Content provided by QRE and its representatives is "as is" and for your information and personal use only and may not be used, reproduced, copied, modified, transmitted, distributed, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent of the respective owner of said material. QRE reserves all rights of this material.
- Users grant us the right to any intellectual property or copyrighted materials that are owned and submitted by the user. You grant us the irrevocable, perpetual, non-exclusive, royalty-free, fully paid worldwide license, with right to sublicense through multiple levels of sublicenses, to reproduce, make derivative works of, translate, distribute, publicly perform and publicly display in any form or medium, whether now known or later developed, make, use, sell, import, offer for sale, otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights related to the content in any manner we choose. If you do not own said property, you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to QRE anywhere in the world, with respect to such rights.
- Users consent to receive electronic communications from QRE via email.
- You, the user, and QRE are independent entities and nothing in this agreement creates or can be considered a partnership, employment relationship, or agency. You may not assign this agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be considered invalid. Should any part of this agreement by invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this agreement will not be considered a waiver of the right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.
- User agrees that any cause of action arising out of or related to QRE must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred and considered exceeding limitations of this agreement.
- User accepts that they are legally able to accept and agree to all the terms within this agreement. User affirms that they are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into all terms, conditions, obligations, affirmations, representations, and guarantees set forth in this agreement, and to abide by and comply with this agreement. And as stated in the conditional use of our products and services, if you are not of 18 years of age or older, cease use of our products and services.
- By clicking accept, the user has read and agreed to and accepted all points listed in this document.