Welcome to Quote.com (the “Site”), this document constitutes a legally-binding agreement (“Agreement”) governing the terms of providing you with our service.
Throughout this document, the words “Quote,” “Quote.com,” “we” “us,” and “our,” refer to us, Quote, LLC., or our website, Quote.com as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.
2. Description of Service & Disclaimer
Quote.com features an all-access pass to the world of quotations. We educate and entertain audiences of all ages with family-friendly quotations from history’s most prominent figures through to today’s newsmakers – famous celebrities, athletes, politicians, authors, and everything in between. Quote is supported by ad revenue generated from ads that appear on our sites.
In keeping with our mission to share our knowledge with the world, Quote provides a hand-selected ‘Quote of the Day’ on our Quote of the Day page, on Facebook, Twitter, Pinterest, and Google+. You can ‘Like’ us, Follow us, +1. Further information can be found by visiting our Disclaimer page.
3. License to Access and Use
You may access and use our Site only for your personal use. Any other access to or use of the Site or its content constitutes a violation of this Agreement and may violate applicable copyright, trademark, or other laws.
You may not access, use, or copy any portion of the Site or its content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Site’s content. Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any portion of the Site or its Content or any access to or use of the Site or its Content.
This Site may include hyperlinks to other websites which are not maintained by Quote. We are not responsible for the content of such external websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any hyperlink to external websites does not imply endorsement by Quote of those websites or any products or services referred to therein. The terms of service and privacy policies applicable to external websites may be different from those applicable to our Site. If you decide to access any external website through a link within our Site, you do so entirely at your own risk, and Quote will have no liability for any loss or damage arising from your access or use of any external website. Since Quote is not responsible for the availability of these websites, or their content, you should direct any concerns regarding an external website to the administrator of that website. You agree that you will bring no suit or claim against us arising from or based upon any such use of external websites. Hyperlinks to other websites that are provided on the Site are not intended to imply that: (a) we are affiliated or associated with any external website; or (b) any linked site is authorized to use any of our trademarks, trade names, logos, or copyrights.
5. Copyright (Yours & Ours)
Quote.com does own the copyright to the arrangement of information on our website.
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Site, or our Site itself, without our prior written permission. This includes, but is not limited to, a prohibition on aggregating information on our Site that is in the public domain and publishing it elsewhere. This prohibition does not extend to uses which would, if governed solely by the copyright law of the United States, be considered a “fair use.”
Quote.com is a trademark (federal registration no. 3282470) owned by us, Quote, LLC to uniquely identify our website. You agree not to use this phrase anywhere without our prior written consent. In other words, by accepting this Agreement, you cannot use the name Quote.com for any purpose. Additionally, you agree not to copy the look and feel of our Site or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.
7. Revocation of Consent
Where Quote has given prior written consent for your use of our protected material in accordance with our above “Copyright” and “Trademarks” provisions, we may revoke that consent at any time. If we so request, demand, yell, pontificate, or filibuster, we may require that you immediately take action to remove from circulation, display, publication, or other dissemination, any of the marks, copyrighted content, or other materials that we previously consented for you to use.
8. Termination of Access
Quote reserves the right, in its sole discretion, to terminate your access to all or part of the Site, without notice or liability, for any reason, including, but not limited to, the breach of any agreement between you and Quote, including, without limitation, this Agreement. Following any such termination of access, you will continue to be bound hereunder to the fullest extent applicable.
THE USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK. ACCORDINGLY, THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. WE MAKE NO REPRESENTATIONS OR WARRANTIES: (a) AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE; (b) THAT THE USE OF THIS SITE OR ANY THIRD PARTY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (c) THAT THE USE OF THIS SITE OR ANY SUCH THIRD PARTY WEBSITE WILL ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (d) THAT THE QUOTES OR ANY OTHER INFORMATION PROVIDED THROUGH THIS SITE OR ANY THIRD PARTY WEBSITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; (e) THAT ANY DEFECTS IN THE SITE OR ITS CONTENT WILL BE CORRECTED; OR (f) THAT THE SITE AND ITS CONTENTS ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
WE MAKE NO REPRESENTATION THAT THE SITE OR ITS CONTENTS IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THIS SITE FROM LOCATIONS OTHER THAN IN THE UNITED STATES, YOU DO SO AT YOUR OWN INITIATIVE, AT YOUR OWN RISK, AND ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LOCAL LAWS.
10. Limitation of Liability
IN NO EVENT WILL QUOTE, ITS CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS OF EACH OF THE FOREGOING (COLLECTIVELY, OUR “REPRESENTATIVES”), BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL OR SIMILAR DAMAGES, ALLEGED UNDER ANY LEGAL THEORY IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICE, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, TOTALLY INACCURATE QUOTES THAT WERE EITHER NEVER SAID BY ANYBODY NOTABLE OR JUST ATTRIBUTED TO THE WRONG PERSON (WE DON’T KNOW HOW THAT’S WORTHY OF A LAWSUIT, BUT WHATEVER), OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
WITHOUT LIMITING ANY OF THE FOREGOING, IF QUOTE OR ANY OF ITS REPRESENTATIVES IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, OR YOUR USE OF THE SITE OR ITS CONTENTS, THE MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.
You agree to defend, indemnify and hold us and our Representatives harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of the Site, its content and any services available on or through the Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims, and we may require you to pay for an attorney(s) of our choice in such cases. However, we reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you hereunder. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
12. Choice of Law
This Agreement shall be governed by the laws in force in the State of Florida. The offer and acceptance of this contract is deemed to have occurred in the State of Florida.
13. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in the State of Florida.
You agree that the prevailing party is entitled to all of its reasonable attorneys’ fees, court costs, and disbursements from the unsuccessful party in any dispute.
14. Waiver Of Jury Trial
YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION, SUIT, OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE MATTERS CONTEMPLATED HEREBY.
15. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
16. Waiver and Severability
Our waiver of any breach of this Agreement will not be a waiver of any preceding or subsequent breach. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Quote, Inc. shall have the sole right to elect which provision remains in force. There is a very good reason for our having the upper hand: You agreed to it. That is all.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.
Any provisions of this Agreement that are reasonably inferable to have been intended to survive termination (including, but not limited to, any provisions regarding limitation of our liability or indemnification) will continue in effect beyond any such termination of access to this Site.
If you have any questions regarding the Site or this Agreement please contact us.