By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you” or “auction sponsor”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please refer to the Help section of the Site.
1. Qtego is an Auction, fund raising and donation platform
Qtego provides an auction platform to allow users who comply with Qtego’s policies to conduct an auction. Qtego is not directly involved in the transaction between buyers and sellers. As a result, Qtego has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Qtego does not pre-screen users or the content or information provided by users. Qtego cannot ensure that a buyer or seller will actually complete a transaction.
You agree that Qtego is an auction platform and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Qtego. You use the Qtego auction service at your own risk.
2. Use Eligibility
Age: Qtego’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Qtego may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Qtego’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Qtego’s policies as stated in the Agreement and the Qtego policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Qtego, each of which is incorporated herein by reference and each of which may be updated by Qtego from time to time without notice to you:
- The Do’s & Don’ts of Qtego
- Fees Policy
- Copyright and Intellectual Property Policy
- Trademark Guidelines
In addition, some services offered through the Site may be subject to additional terms and conditions announced from time to time by Qtego; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Qtego of any unauthorized use of your password or any breach of security. You also agree that Qtego cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Qtego without Qtego’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To use the Qtego services you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Qtego account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Qtego reserves the right to refuse service to anyone, for any reason, at any time.
3. Fees and Services
You are responsible for paying all fees and applicable taxes associated with using Qtego. Qtego keeps accepted payment information on file. You must pay any amounts due in full within 20 days of the date of the invoice.
Refund Policy: All SALES ARE FINAL. NO REFUNDS. Qtego is willing to provide our customers with quality services and products and positive experience of purchasing via the phone and Internet. If for any reason you are having problems with any of our services or products email firstname.lastname@example.org or call 1-800-252-0523 for a Customer Service resolution.
Fees and Termination: If Qtego terminates your account, if you close your account, or if the payment of your Qtego fees cannot be completed for any reason, you remain obligated to pay Qtego for all unpaid fees plus any penalties, if applicable. If your account is not paid in full and becomes past due, you risk penalties such as the suspension of services and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact Qtego.
4. Listing and Selling
Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Qtego’s published policies. You also warrant that you may legally auction the item. You must accurately describe your item and all terms of sale in your auction. Your listings may only include text descriptions, graphics, pictures and other content relevant to the auction of that item. Each listing must accurately and completely describe the item/items for auction in that listing.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding the Qtego Auction Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on Qtego.
Restricted Activities: Your Content and your use of Qtego shall not:
Be false, inaccurate or misleading
Be fraudulent or involve the sale of illegal, counterfeit or stolen items
Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, Qtego’s Copyright and Intellectual Property Policy)
Violate this Agreement, The Do’s & Don’ts of Qtego, any site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Qtego staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
Be obscene or contain child pornography
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
Host images not part of a listing
Modify, adapt or hack Qtego or modify another website so as to falsely imply that it is associated with Qtego;
Appear to create liability for Qtego or cause Qtego to lose (in whole or in part) the services of Qtego’s ISPs or other suppliers
Re-Posting Content: By posting Content on Qtego, it is possible for an outside website or a third party to re-post that Content. You agree to hold Qtego harmless for any dispute concerning this use. If you choose to display your own Qtego-hosted image on another website, the image must provide a link back to its listing page on Qtego.
7. Information Control
Qtego does not control the Content provided by users that is made available on Qtego. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Qtego, you agree to accept such risks and that Qtego (and Qtego’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Qtego.
Other Resources: Qtego is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Qtego does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Qtego shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and Release
In the event a dispute arises between you and Qtego, please contact Qtego.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Indianapolis, Indiana, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of Indiana. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Qtego agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Qtego (and Qtego’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Qtego encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
9. Qtego’s Intellectual Property
QTEGO, and other Qtego graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Qtego, Inc. in the U.S. and/or other countries. Qtego’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Qtego may, without notice, and without refunding any fees, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
12. No Warranty
QTEGO, QTEGO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND QTEGO’S SUPPLIERS PROVIDE QTEGO’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. QTEGO, QTEGO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND QTEGO’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM QTEGO SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
13. Liability Limit
IN NO EVENT SHALL QTEGO, AND (AS APPLICABLE) QTEGO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR QTEGO’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, QTEGO’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
QTEGO’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF QTEGO’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO QTEGO IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD QTEGO AND (AS APPLICABLE) QTEGO’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
15. No Guarantee
Qtego does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Qtego’s control.
16. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Qtego service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Qtego’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
18. No Agency
You and Qtego are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
19. Qtego Service
20. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Indiana, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Services, Fees and Termination), 6 (Content, License), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Qtego’s Intellectual Property), 11 (Privacy),
12 (No Warranty), 13 (Liability Limit), 14 (Indemnity), 15 (No Guaranty), 17 (Severability),
18 (No Agency), 20 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Qtego; Attn: Legal Department; 5816 W 74th Street; Indianapolis IN 46278 (in the case of Qtego) or, in your case, to the address you provide to Qtego during registration. Qtego may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Qtego. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Qtego’s Copyright and Intellectual Property Policy.
23. SMS TERMS
Product Name: Qtego Text-to-Donate
Product Description: Qtego Text-to-Donate is a keyword SMS service for non-profit organizations to raise money from donors by leveraging the phones already in their hand.In response to a keyword sent to our short code, the service sends the donor one message with a URL which they can follow to the organizations customized donation form.
Message and data rates may apply.
T-Mobile is not liable for undelivered or delayed messages.
For customer care, please contact:
Qtego Auction Services
5816 W. 74th Street
Indianapolis, IN 46278
Effective Date: July 27, 2010
Updated: March 13, 2019