Logourl black

Terms of Use

Last Updated September 2, 2015

Acceptance of Terms of Use

These Terms of Use govern your use of the Quimbee website (located at https://www.quimbee.com) and the Quimbee iPhone, iPad, and Android applications, including all features, services, and functionalities and all associated content, databases, and software (collectively, “Quimbee”). Quimbee is owned and operated by Sellers International, LLC, a Delaware company. By using, visiting, or browsing Quimbee, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not use Quimbee, including our website and user interfaces.

These Terms of Use are an ongoing contract between you and Sellers International, LLC and apply to your use of Quimbee, as made available in the United States. They affect your rights, and you should read them carefully. Different terms, conditions, and limitations may apply to Quimbee in other jurisdictions.

By accepting these Terms of Use, you are confirming that you are at least 18 years old and have capacity to enter into a legally binding contract.

Changes to Terms of Use

Quimbee reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms" located at the bottom of all pages of Quimbee.com. The most current version of the Terms of Use will supersede all previous versions.

Personal Use Only

Password or account sharing is strictly forbidden. By accepting these Terms of Use, you agree that you will not share your password or allow anyone else to access your Quimbee account. Quimbee reserves the right to use technology to verify and track your geographic location. The number of devices on which you may access the database is strictly limited. Unauthorized sharing of Quimbee’s content or database may result in requests to desist, suspension or termination of your membership, legal action, and/or reporting your actions to your law school or state bar’s committee on character and fitness.

All content in the Quimbee database is the property of Sellers International, LLC and is protected by U.S. and international copyright and trademark laws (for more information on the copyrighted and trademarked material, see the Intellectual Property section below). In exchange for your subscription premium, Sellers International, LLC grants you an exclusive, revocable, limited license to view and utilize this content for your personal, individual, non-commercial use for the duration of your subscription. This license may not be transferred, delegated, or assigned. You may not copy, reproduce, distribute, transfer, or share this content with anyone else. You may, however, print or download content from Quimbee, where permitted, for your own personal use.

Entities or groups wishing to purchase an institutional membership should contact Quimbee directly for terms and conditions.

Intellectual Property

Copyright

The Quimbee service, including all content included on Quimbee and its user interfaces, or delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, software, etc. are the property of Sellers International, LLC, and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by Quimbee on our website and user interfaces, or in connection with the Quimbee service are the exclusive property of Sellers International, LLC, and are protected by the copyright and trade secret laws in the territories in which Quimbee operates and by international treaty provisions.

Content shall not be reproduced or used without express written permission from Quimbee. In exchange for your subscription premium, Sellers International, LLC grants you an exclusive, revocable, limited license for the duration of your membership. This license is non-transferable. You agree not to copy, reproduce, share, or otherwise distribute the content in Quimbee’s database in any manner without express authorization. You agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through Quimbee, insert any code or product or manipulate Quimbee’s content in any way that affects the user's experience, or use any data mining, data gathering, or extraction method. Quimbee reserves the right to terminate your membership if Quimbee, in its sole and absolute discretion, believes that you are in violation of this paragraph. Violations include exceeding the limited license granted by Sellers International, LLC, failing to comply with Quimbee software restrictions, copying content provided to you by us, or copying or other unauthorized use of our proprietary content. The use of Quimbee, including all content made available to you by us, is solely for your personal and non-commercial use.

Trademarks

Quimbee is a registered trademark of Sellers International, LLC. The Quimbee logo is a trademark of Sellers International, LLC. Quimbee and its user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts, and service names constitute trade dress of Sellers International, LLC. The trademarks, service marks, and trade dress of Quimbee may not be used or reproduced without prior, written approval from Sellers International, LLC and may not be used in connection with any product or service that is not affiliated with Quimbee, in any manner that is likely to cause confusion among customers, dilute the rights of Sellers International, LLC, or disparage or discredit Quimbee. Other trademarks that appear on Quimbee and its user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Quimbee. Any images of persons or personalities contained on Quimbee and its user interfaces are not an indication of endorsement of Quimbee or any particular product or our service unless otherwise indicated.

Website Maintenance and Internet Usage

Quimbee will make every effort to ensure that its website and mobile apps are available at all times. Please note however that from time to time Quimbee may undertake website and mobile app maintenance, updates, and upgrades, during which time the website and mobile apps may be delayed or unavailable. In addition, as with any Internet-based service, there may be occasional delays associated with high traffic or outages outside Quimbee’s control. You agree not to hold Quimbee liable for these occasional delays and brief periods of unavailability.

Privacy and Communications Preferences

Any personally identifying information submitted through Quimbee is subject to our Privacy Policy, the terms of which are incorporated into this agreement. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy.

By agreeing to these Terms of Use, you are not consenting to receive unlimited communications from us. For example, Quimbee may not send you newsletters about special offers, promotional announcements, and customer surveys via email or other methods without your permission. If you want to receive newsletters, other promotional announcements or non-transactional communications, simply contact us mentioning you’d like to be included on our mailing list. Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.

By accepting these Terms of Use, you are consenting to receive membership-related communications. Quimbee may send you emails with very important announcements, such as communications related to billing, a change in membership fees, or a major change or update in the design or usability of our website that will affect your use of our service.

Membership and Billing

You can find the specific details regarding your membership with Quimbee at any time by visiting our website, logging into your account, and clicking on the "Account Settings" link.

Billing

By starting your Quimbee membership, you are expressly agreeing that we are authorized to charge you a recurring membership fee at the then-current rate, plus any applicable tax and any other charges you may incur in connection with your use of Quimbee to the Payment Method you provided during registration (or to a different Payment Method if you change your account information) until you cancel or we terminate your service. Please note that prices and charges are subject to change with notice. Unless you receive such notice, your prices and charges will not go up, even if Quimbee increases rates for new members. Note, however, that if you cancel your service at any time and later wish to resume your membership, you will be subject to the then-applicable prices and charges. In other words, you will not be grandfathered’ in at your previous rate.

As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each period (monthly, semiannually, annually, or multi-annually, depending upon the plan you select) thereafter unless and until you cancel your membership. Visit our website and click on “Account Settings” to see the commencement date for your next renewal period. We automatically bill your Payment Method each period on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying monthly member on January 31, your Payment Method would next be billed on February 28. You acknowledge that the amount billed each period may vary for reasons that include: differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, etc., and you authorize us to charge your Payment Method for such varying amounts. Please note that many promotional offers are available to new members only, and such discounts may not apply to renewals. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment.

Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email.

If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Account Settings" button, available at the top of the pages of the Quimbee website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see the section on Cancellation below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Quimbee is not responsible for any banking, credit card, or other charges you may incur as a result of our attempts to bill your Payment Method prior to your cancellation.

Ongoing Membership

Your Quimbee membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each period in order to avoid billing of the next period’s membership fees to your Payment Method. We will bill the periodic membership fee for the term you selected at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Free-Trial Period

Quimbee offers a seven-day free trial, during which you may access Quimbee content on the same basis as a paid subscriber. The free-trial offer is only available to new subscribers. You may cancel the trial at any time during the seven-day period and avoid incurring any charges. If you do not cancel in that time, your free trial will automatically convert to a paid membership for the plan you selected, subject to these Terms of Use, and your Payment Method will be billed. After the seven-day period has ended, you may cancel in accordance with the cancellation policy below, but no refunds will be issued.

À la carte products

In addition to standard subscriptions, Quimbee may from time to time offer à la carte products, which you can purchase for a non-recurring, one-time fee; please check the details of the specific à la carte product for more information. À la carte products must be purchased separately and are not included in any subscription plan. However, à la carte products may be included in promotional packages or bundles at Quimbee’s sole discretion. Note that any Quimbee coupons, promotions, or discounts do not apply to à la carte products, unless expressly provided in the promotion’s terms and conditions. À la carte products are nonrefundable, and there is no free-trial period for à la carte products. À la carte products may be purchased during the free trial period for any subscription plan. Some à la carte products may be available for download. You agree that à la carte products, whether available for download or not, are for your own personal use and that you will not share, reproduce, or otherwise distribute any à la carte products to anyone else without Quimbee’s express written permission. Where permitted, you may download or print your à la carte product for your own personal use.

Cancellation

You may cancel your Quimbee membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. To cancel your membership, visit our website and click the cancellation link on the Account Settings page.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Choice of Law

The State of North Carolina’s laws, except for conflict of law rules, will apply to any dispute related to these Terms of Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Mecklenburg County, North Carolina, and each party will be subject to the jurisdiction of those courts.

Attorneys’ Fees

In any dispute arising out of or related to this agreement, the prevailing party in any litigation, arbitration, or other dispute resolution proceeding shall be awarded reasonable attorneys’ fees and costs from the other party, along with any other appropriate relief.

Indemnity

By accepting these Terms of Use, you agree to indemnify and hold harmless Quimbee, Sellers International, LLC, and its employees and affiliates for any injury or damages resulting from your breach of this agreement or misuse of Quimbee.

Waiver

Quimbee’s election not to enforce its rights or otherwise insist on strict performance of these Terms of Use in any way does not constitute a waiver of its rights under the agreement. Further, Quimbee’s waiver of any breach by you or other type of default is not a waiver of future breaches by you.

Severability

Each clause operates independently of all others. Thus, if any clause or provision of this agreement is found to be illegal, invalid, or otherwise unenforceable, the remainder of the agreement shall continue to have full force and effect. Further, to the extent possible the unenforceable term shall be modified or replaced with an enforceable term best approximating the intent of the parties.

Complete Understanding

These Terms of Use, together with the Privacy Policy and the terms and conditions of any promotional offer claimed by the user, constitute the sole and entire agreement between you and Sellers International, LLC with respect to your use of Quimbee and supersedes all prior and contemporaneous understandings, agreements, representations, warranties or terms and conditions, both written and oral.