Terms of Use

Your use of Tetracurve’s products, software, services and web sites including QuadSearches.com, QuadExperts.com, QuadFeed.com, QuadBuzz.com, Quadalog.com and QuadShopping.com (referred to collectively as the “Services” in this document and excluding any services provided to you by Tetracurve under a separate written agreement) is subject to the terms of a legal agreement between you and Tetracurve (“Tetracurve” means Tetracurve, LLC). This document explains how the agreement is made up, and sets out some of the terms of that agreement.

The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Tetracurve’s Privacy Policy) and procedures that may be published from time to time on this Site by Tetracurve (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any Services. If these terms and conditions are considered an offer by Tetracurve, acceptance is expressly limited to these terms.

Responsibility of Contributors

If you operate part of the Services, comment on the Services, post material to the Services, post links on the Services, or otherwise make (or allow any third party to make) material available by means of the Services (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not obscene, libelous, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Tetracurve or otherwise.

By submitting Content to Tetracurve for inclusion on the Services, you grant Tetracurve a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content. If you delete Content, Tetracurve will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

Without limiting any of those representations or warranties, Tetracurve has the right (though not the obligation) to, in Tetracurve’s sole discretion (i) refuse or remove any content that, in Tetracurve’s reasonable opinion, violates any Tetracurve policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Tetracurve’s sole discretion. Tetracurve will have no obligation to provide a refund of any amounts previously paid.

Responsibility of Website Visitors

Tetracurve has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material’s content, use or effects. By operating the Services, Tetracurve does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Tetracurve disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the web sites and web pages to which the Services link, and that link to the Services. Tetracurve does not have any control over those non-Tetracurve web sites and web pages, and is not responsible for their contents or their use. By linking to a non-Tetracurve web site or web page, Tetracurve does not represent or imply that it endorses such web site or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Tetracurve disclaims any responsibility for any harm resulting from your use of non-Tetracurve web sites and web pages.

Copyright Infringement and DMCA Policy

As Tetracurve asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright, you are encouraged to immediately notify Tetracurve’s Copyright Agent by means of a mailed or emailed notice (“Infringement Notice”) providing the information described below to the address or email number listed below. If Tetracurve takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by such party to Tetracurve. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice. Thus, if you are not sure content located on or linked-to by the Services infringes your copyright, you should consider first contacting an attorney.

All Infringement Notices should include the following:

A signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and location of the content that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that content;
Your name, address, telephone number and email address; and
A statement by you: (a) that you believe in good faith that the use of the content that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and (b) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

Infringement Notices should be sent to the following:

By mail:
DMCA Notice
Tetracurve LLC
414 East Bennett Drive
Flagstaff, AZ 86001

By email:
email@tetracurve.com

Tetracurve will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Tetracurve or others, Tetracurve may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, Tetracurve will have no obligation to provide a refund of any amounts previously paid to Tetracurve.

Intellectual Property

This Agreement does not transfer from Tetracurve to you any Tetracurve or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Tetracurve. Tetracurve and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of Tetracurve or Tetracurve’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Tetracurve or third-party trademarks.

Changes

Tetracurve reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Tetracurve may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination

Tetracurve may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

The Services are provided “as is”. Tetracurve and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Tetracurve nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.

Limitation of Liability

In no event will Tetracurve, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Tetracurve under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Tetracurve shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of the Services will be in strict accordance with the Tetracurve Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification

You agree to indemnify and hold harmless Tetracurve, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to out of your violation this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between Tetracurve and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Tetracurve, or by the posting by Tetracurve of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by and construed in accordance with the laws of the State of Arizona, U.S.A. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Tetracurve may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.