member Terms of use

An Introduction to Quit to Start’s Member Platform (Member Forum & Blog Comment Areas) Terms of Use.

 

Welcome to Quit to Start (QTS) Member Platform! Here is a quick summary of the highlights of our Terms of Use:

  • Our mission is to help and empower aspiring and emerging entrepreneurs. The QTS Member Platform offers a place for people to converse, comment, ask questions, answer questions, and connect with others who can relate, support, and contribute unique insights and helpful discourse. 

  • Our Member Forum is not open to the public. Unregistered visitors to the Quit to Start website are unable to access the Member Forum area.  Users must register with a valid email address to become a Member of the QTS Platform which includes the Member Forum.  

  • Member users are not required to use their real name. To respect the privacy of our Member users, we do not require use of real names in their Member Profile visible to others, fictitious names are allowed. 

  • You are responsible for the content that you post. This includes ensuring that you have the rights needed for you to post that content and that your content does not violate the legal rights of another party (for example, defamation) or any applicable laws.

  • We do not endorse or verify content posted by users. Our content and materials are provided to you “as is,” without any guarantees. You are solely responsible for your own use of the QTS Member Platform.

  • We have designated Experts on the QTS Platform but they should not be relied upon.  To enhance the Member experience and value, we have designated ‘Experts’ on the QTS Platform that occasionally assist in answers and discourse.  Posts by designated or non-designated Experts, Support Professionals, or any others should not be relied upon or treated as a substitute for your own research, independent decision-making, or professional advice for your specific situation.

  • We utilize Wix for the QTS Platform. We utilize Wix.com as the software of which the QTS Platform is built and provided to you. You are a Wix ‘User of a User’ where the latter is QTS and the former is you.  Please visit https://www.wix.com/about/privacy Section 6 to learn more about how Wix handles ‘Users of Users’ data and security on their platform.  

  • You agree to follow the rules of our platform. When you use the QTS Member Forum, you also agree to our Terms of Use, accept our Privacy Policy, and Acceptable Use Policy.

  • We will receive and respond to your feedback and complaints. If you have feedback, questions, or a complaint, you can email us at contact@quittostart.com.

Quit to Start Member Platform Terms of Use

These terms of use (“Terms of Use”) sets forth the agreement (“Agreement”) between you and QUIT TO START, LLC (“QTS” “we” or “us”). It governs your use of the QTS Member Forum & Blog Comment Areas of the website (collectively the “QTS Platform”). Please make sure to read it, because, by using the QTS Platform, you consent to these terms.

  1. The Mission of the QTS Platform

    The QTS mission is to help and empower aspiring and emerging entrepreneurs. The QTS Platform is a place to comment, ask questions, answer questions, and connect with others who can relate, support, and contribute unique insights and helpful discourse. ​

  2. Using the QTS Platform

    1. Who Can Use It. Use of the QTS Platform by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.

    2. Registration. We treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.

    3. Privacy Policy. Our privacy practices are set forth in our Privacy Policy at quittostart.com/privacy-policy. By use of the QTS Platform, you agree to accept our Privacy Policy.

    4. Acceptable Use Policy. In your interaction with others on the QTS Platform, you agree to follow the Acceptable Use Policy (or also known as a Code of Conduct) at all times.

    5. Termination. You may request your account be closed and removed at any time by emailing a request to contact@quittostart.com. We may terminate or suspend your account if you violate any QTS policy or for any other reason.

    6. Changes to the QTS Platform. We are always trying to improve your experience on the QTS Platform. We may need to add or change features and may do so without notice to you.

    7. Feedback. We welcome your feedback and suggestions about how to improve the QTS Platform. Feel free to email us at contact@quittostart.com. 

  3. Your Content

    1. Definition of Your Content. The QTS Platform enables you to add posts, texts, photos, videos, links, and files to share with others. All material that you upload, publish or display to others via the QTS Platform will be referred to collectively as “Your Content.” You acknowledge and agree that, as part of using the QTS Platform, Your Content may be viewed by other QTS registered Members.

    2. We May Preserve and Disclose. You acknowledge and agree that QTS may preserve Your Content and may also disclose Your Content and related information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any of Your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of QTS, its users, or the public.

    3. Your Responsibilities for Your Content. By posting Your Content on the QTS Platform, you represent and warrant to us that: i) you have the ownership rights, or you have obtained all needed licenses or permissions from any necessary parties, to use Your Content and grant us the rights to use Your Content as provided for under this Agreement, and ii) that posting Your Content violates no intellectual property or personal right of others or any applicable law or regulation. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with Your Content. You are responsible for ensuring that Your Content does not violate QTS’s Acceptable Use Policy, other published QTS policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.

  4. Our Content and Materials

    1. Definition of Our Content and Materials. All intellectual property in or related to the QTS Platform (specifically including, but not limited to the QTS marks, the QTS logo, but excluding Your Content) is the property of QUIT TO START LLC, or its subsidiaries and affiliates, or content posted by other QTS users licensed to us (collectively “Our Content and Materials”).

    2. Data. All data QTS collects (“Data”) about use of the QTS Platform by you or others is the property of QUIT TO START, LLC., its subsidiaries, and affiliates. For clarity, Data does not include Your Content and is separate from Our Content and Materials.

    3. Our License to You. We grant you a limited, non-exclusive license to use and access Our Content and Materials and Data as made available to you on the QTS Platform in connection with your use of the QTS Platform, subject to the terms and conditions of this Agreement.

    4. Ownership. You acknowledge and agree that Our Content and Materials remain the property of QTS's users or QTS. The content, information and services made available on the QTS Platform are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.

  5. More About the QTS Platform

    1. Email Digests & Blog Articles. When you sign up for the QTS Platform, you will receive an occasional emailed relevant blog article and/or emailed digest of Member Forum questions and answers that may be of interest to you. You can opt-out of these occasional emails and adjust other communication settings, by going to Notification settings in your account profile.

    2. Email QTS Offerings. The QTS website is an extension of the company Quit to Start, LLC and the Quit to Start brand which has varied offerings such as books, assessments, coaching programs, events, webinars, courses, and upgraded membership plans. QTS will occasionally email Members with offers on these products and services. You can opt-out of these occasional emails and adjust other communication settings, by going to Notification settings in your account profile.

    3. Your Information Will Not Be Provided To Third Parties. Personal information about our Members such as name, email address will not be provided to third parties at any time.

    4. Legal & Other Professional Contributors. Some users who post content are members of legal and other licensed professions (collectively, “Professional Contributors”). Content posted by Professional Contributors should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. Ethics rules differ by state or location, and it is the responsibility of Professional Contributors to determine and provide disclaimers appropriate for their profession and the content provided.

    5. Services that Require Separate Agreement. Certain purchased or upgraded products or services may require that you enter into a separate and supplemental Terms of Use agreement prior to use.

  6. Reporting Violations of Your Intellectual Property Rights, QTS Policies, or Applicable Laws. We have a process for reporting violations of your intellectual property rights or other violations of QTS policies or applicable laws. We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law. If you believe content on the QTS Platform violates QTS’s Acceptable Use Policy or otherwise violates applicable law or other QTS policies, you may contact us at contact@quittostart.com.

  7. DISCLAIMERS AND LIMITATION OF LIABILITY. PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF QTS ENTITIES TO YOU. “QTS ENTITIES” MEANS QUIT TO START, LLC., AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

    1. WE ARE PROVIDING YOU THE QTS PLATFORM, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, QTS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USEAGE.

    2. QTS MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY USER OR THIRD PARTY; (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE QTS PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE QTS PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. QTS MAKES NO WARRANTY THAT: (a) THE QTS PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE QTS PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE QTS PLATFORM, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE QTS PLATFORM WILL BE SATISFACTORY.

    3. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, QTS ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, QTS ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE QTS PLATFORM.

    4. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE QTS PLATFORM IS TO STOP USING THE QTS PLATFORM.

    5. WITHOUT LIMITING THE FOREGOING, QTS'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE QTS PLATFORM OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO QTS IN CONNECTION WITH THE QTS PLATFORM IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.

    6. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART, AND THE FOREGOING SECTIONS 8(c), 8(d), AND 8(e) WILL NOT APPLY TO A RESIDENT OF NEW JERSEY, TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF QTS'S NEGLIGENT, FRAUDULENT, RECKLESS, OR INTENTIONAL MISCONDUCT.

  8. Indemnification. You agree to release, indemnify, and defend QTS Entities from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of the QTS Platform, ii) Your Content, iii) your conduct or interactions with other users of the QTS Platform, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.

  9. Dispute Resolution. This Agreement and any action arising out of your use of the QTS Platform will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with your use of the QTS Platform will be brought solely in Hillsborough County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. For any claim (excluding claims for injunctive or other equitable relief) under this Agreement where the total amount of the award sought is less than $10,000 USD, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

  10. General Terms

    1. Changes to these Terms. We may amend this Agreement (including any policies, such as the Privacy Policy and Acceptable Use Policy that are incorporated into this Agreement) at any time, in our sole discretion. If we amend material terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of notification could include, for example, via email, posted notice on the QTS Platform, or other manner. Your failure to cancel your account, or cease use of the QTS Platform, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the QTS Platform.

    2. Governing Law and Jurisdiction. You agree that QTS is operated in the United States and will be deemed to be solely based in Florida and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Hillsborough County, Florida and governed by laws of the state of Florida and federal law, without regard to any conflict of law provisions.

    3. Use Outside of the United States. QTS expressly disclaims any representation or warranty that the QTS Platform complies with all applicable laws and regulations outside of the United States. If you use the QTS Platform outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the QTS Platform.

    4. Survival. The following provisions will survive expiration or termination of this Agreement: Section 2(e)(Termination), 2(g)(Feedback), Section 3(Your Content), Section4(a)-(b) and (d)-(f)(Our Content and Materials), Section 8 (Disclaimers and Limitation of Liability), Section 9 (Indemnification), Sections 10 (Dispute Resolution), and Section 11 (General Terms).

    5. Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The QTS Platform is provided by Quit to Start LLC., located in St. Petersburg, Florida. If you have a question or complaint regarding the QTS Platform, please contact QTS at contact@quittostart.com. California residents may reach the Department of Consumer Affairs Consumer Information Division at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

    6. Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

    7. Electronic Communications. You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.

    8. Entire Agreement/ Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the QTS Platform and constitutes the entire agreement between you and us regarding the QTS Platform (except as to services that require separate written agreement with us, in addition to this Agreement). If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the Agreement, which will remain in full force and effect.

    9. Interpretation. In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.

    10. Notices. All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us, by you via contact@quittostart.com. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.

    11. Relationship. This Agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.

    12. Waiver. No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.

    13. Contact. Feel free to contact us through quittostart.com/contact or contact@quittostart.com with any questions about these terms.

Last Updated: December 6, 2019

Contact

For general questions or information, please email inquiries@quittostart.com or fill out the form here.

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