TERMS AND CONDITIONS OF USE

THIS AGREEMENT (“Agreement”) is between THE QUICKSOURCE, INC., a Washington corporation (“QuickSource”) and me, referred to herein as “User.” Your use of the site is subject to the following Terms and Conditions:

1. Free User Account: No Charges , Fees, or other Obligations for Registration
Registering on the website www.thequicksource.com, operated by The QuickSource Inc. ("The QuickSource") is optional. The goal of the site is to connect users of the QuickBooks® [ref 1] programs to services providers and products that support QuickBooks® user’s. There are no charges or fees to contact the service providers in this site’s Directory. Your information will not be sold or traded or given to a Third Party. You may cancel your registration at any time. After you become a registered user you may apply to become a “subscribed member” of the site’s Directory of service providers. Subscribed members pay a small annual fee for their listing in the site’s Directory.
2. No Representation or Warranty Regarding Service Providers Listed in the site’s Directory.
QuickSource does not make any representation or warranty regarding the type of service providers listed in the site’s Directory, the legality of their business, their credit worthiness or anything else pertaining to such service providers. QuickSource only warrants that each Service Provider is listed on the site’s Directory because the Service Provider maintains good standing under the terms of the site’s “Membership Agreement” [ref 2].
3. Comments/Rating
Only “registered users” and “service providers” have permission to write “Comments” on the website. "Comments" means, but is not limited to, service provider and product ratings and reviews, testimonials and stories that you submit, photographs, videos and other images, as well as any other text, links, content, communications, opinions, and data you write in your “comment”.
The QuickSource reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Comments/Rating Service (or any part thereof). QuickSource shall not be liable to any one (including any third party) for any such modification, suspension or discontinuance.
The QuickSource reserves the right, in its sole discretion, to modify the Terms of Use at any time effective upon posting of the modified Terms of Use, without notice to you. The QuickSource also reserves the right to waive or modify any of these Terms of Use as they apply to a specific Comment, service provider, or product without affecting the application of these Terms of Use to all other Comments and customers. Your continued use of the site, or any materials or services accessible through it, after notification means you accept the modifications. By submitting Comments you represent and warrant that (a) you are the sole author and owner of the intellectual property rights thereto, (b) "rights" that you may have in such content have been voluntarily waived by you, (c) all content that you post is accurate,. (d) you are at least 15 years old, (e) use of the Comment you supply does not violate these Terms of Use and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any Comment or other content (a) that is known by you to be false, inaccurate or misleading;, (b) that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), (d) that is, or may reasonably be considered to be, profane, obscene, defamatory, libelous, hateful, demeaning of sexual identities, racially, sexually, or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, (e) for which you were compensated or granted any consideration by any third party, (f) that includes any information that references other websites, addresses, email addresses, contact information or phone numbers, (g) that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold The QuickSource, Inc (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party or from any claim, including reasonable attorneys' fees, made by any third party relating to or arising out of any Comment you submit.
By submitting Comments, you are granting QuickSource, its respective subsidiaries affiliates, successors, assigns, licensees, resellers, necessary sublicensees and other such parties as QuickSource may designate from time to time, a royalty free, perpetual, irrevocable, non-exclusive, transferable license, without any compensation to you or to any third person or entity, to use, reproduce, copy, modify, distribute, transmit, publicly display, publicly perform, edit, create derivative works from, translate and reformat your Comments (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed including, without limitation, advertisements; to publish your name in connection with your Comments; and the right to sublicense such rights.
By submitting Comments that include ideas, testimonials, opinions, or suggestions about any service provider, product or technology, you agree that QuickSource will treat such submissions as non-confidential, that QuickSource can use such submissions without any compensation to you or to any other person or entity.
By submitting a Comment that contains photographs, images, pictures or that are otherwise graphical in whole or in part ("Images") you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Comment Images, in addition to the other license you grant hereunder, you hereby grant QuickSource and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers and other such parties as QuickSource may designate from time to time, a non-exclusive, world-wide, perpetual, royalty-free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights, in any manner and in any media, for any purpose, as long as such use relates to QuickSource branded software and/or services.
QuickSource reserves the right to change, condense or delete any Comment that QuickSource deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. QuickSource does not guarantee that you will have any recourse through QuickSource to edit or delete any content you have submitted.. QuickSource reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not QuickSource, are responsible for the contents of your Comment.
Although the public can only see your “display name , always use caution when giving out any personally identifiable information about yourself or your children in any Comments. Any Comments can be viewed and used by others. QuickSource does not control or endorse the content, messages or information found in any Comments. QuickSource specifically disclaims any responsibility or liability with regard to the Comments and any actions resulting from your participation in any Comments.
QuickSource may, from time to time, contact you about your Comment. You agree that QuickSource may use the e-mail address in your contact information to contact you.
Your privilege to submit Comments may be terminated by QuickSource immediately and without notice if you fail to comply with any term or condition of these Terms of Use. Upon such termination, you must immediately stop submitting Comments. You understand that QuickSource may exercise this right in its sole discretion.
You expressly understand and agree that you bear all risks associated with using Comments. QuickSource is not liable or responsible in any way for any comment, including but not limited to any errors or omissions in content, or for any loss of damage of any kind incurred as a result of the use or reliance on any comment.
QuickSource and its representatives are not liable for any inderent, special, expmplary, incddental, or consequential damages or for any damages relating to loss of business, telecommunication failures, loss, corruption, security or theft of data, loss of profits or investment, accounting positions hired or taken by you or the like, whether based in contract, tort, strict liability, product liability, or otherwise.
4. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, negotiations, representations or agreements, either verbal or written, between the parties hereto concerning the subject matter hereof. This Agreement may be amended only by written document duly executed by the parties.
5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.
6. Attorneys Fees. In the event of litigation to enforce a right or rights provided by or arising out of this Agreement, the substantially non prevailing party shall pay to the substantially prevailing party all reasonable costs and attorneys’ fees incurred by the prevailing party as a result of such litigation, including appeals.
7 Gender. Whenever used herein, the singular shall include the plural and vice versa, and masculine, feminine and neuter words shall be used interchangeably unless the context clearly indicates to the contrary.
8. Indemnity. The parties acknowledge and agree that the membership arrangement contemplated by this Agreement does not indicate they are partnership in a partnership, share fees for services provided, or have any relationship other than that specifically set forth herein. Furthermore, each party agrees to indemnify the other from and against any liability and costs and expenses incurred to defend itself against any asserted liability for
REFERENCES
1. QuickBooks® is a registered trademark of Intuit, Inc. The QuickSource, Inc. is affiliated with Intuit, Inc.
2. QuickSource, Inc. , MEMBERSHIP AGREEMENT