Welcome to www.itsqooqoo.com. The www.itsqooqoo.com website (the “Site”) is comprised
of various web pages operated by QooQoo, LLC (“QooQoo”). www.itsqooqoo.com is offered
to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of www.itsqooqoo.com constitutes your
agreement to all such Terms. Please read these terms carefully, and keep a copy of them for
your reference.
www.itsqooqoo.com is a promotional Site.
QooQoo is a healthcare marketing and advertising agency that works with its partners to
transform business and brands.
Your use of www.itsqooqoo.com is subject to QooQoo’s Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
www.itsqooqoo.com may contain links to other websites (“Linked Sites”). The Linked Sites are
not under the control of QooQoo and QooQoo is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. QooQoo is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by QooQoo of the site or any
association with its operators.
Certain services made available via www.itsqooqoo.com are delivered by third-party sites and
organizations. By using any product, service or functionality originating from the
www.itsqooqoo.com domain, you hereby acknowledge and consent that QooQoo may share
such information and data with any third party with whom QooQoo has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.itsqooqoo.com users and customers.
You are granted a nonexclusive, nontransferable, revocable license to access and use
www.itsqooqoo.com strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to QooQoo that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party’s use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of QooQoo or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary
notices, legends, or other restrictions contained in any such content and will not make any
changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. QooQoo content is not for resale. Your use of the Site does not entitle you to make
any unauthorized use of any protected content, and in particular you will not delete or alter
any proprietary rights or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the content without the express
written permission of QooQoo and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of QooQoo or our licensors except as expressly
authorized by these Terms.
The Service is controlled, operated and administered by QooQoo from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the QooQoo Content accessed
through www.itsqooqoo.com in any country or in any manner prohibited by any applicable
laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless QooQoo, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site
or services, any user postings made by you, your violation of any terms of this Agreement or
your violation of any rights of a third party, or your violation of any applicable laws, rules or
regulations. QooQoo reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you will fully
cooperate with QooQoo in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American Arbitration
Association, or a similar arbitration service selected by the parties, in a location mutually
agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be
entered upon it in any court having jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and Conditions, the
prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The
parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or
any disputes arising as a result of these Terms and Conditions, whether directly or indirectly,
including Tort claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these
Terms and Conditions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QOOQOO, LLC,
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
QOOQOO, LLC, AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QOOQOO,
LLC, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SITE.
QooQoo reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of California and you
hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists
between you and QooQoo as a result of this agreement or use of the Site. QooQoo’s
performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of QooQoo’s right to comply with governmental,
court, and law enforcement requests or requirements relating to your use of the Site or
information provided to or gathered by QooQoo with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and the remainder of
the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between
the user and QooQoo with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
QooQoo with respect to the Site. A printed version of this agreement and of any notice given
in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be written in
English.
QooQoo reserves the right, in its sole discretion, to change the Terms under which
www.itsqooqoo.com is offered. The most current version of the Terms will supersede all
previous versions. QooQoo encourages you to periodically review the Terms to stay informed
of our updates.