Last updated: Aug 23, 2024

QUICKOB General Terms of Use

Last Updated: August 22, 2024

Please read these QuickobGeneral Terms of Use (these “General Terms of Use”) carefully.

The websites located at www.quickob.com, (collectively, the “Website”), is a copyrighted work belonging to QUICKOB.com, owned by QUICK QORE Inc. or one of their affiliates (“Quickob”, “We”, “Us”, or “Our”). Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features, including but not limited to additional supplemental terms related to who you are and how you are using the Website (the “Specific Terms”). All such Specific Terms and other additional terms, guidelines, and rules are incorporated by reference into these General Terms of Use.

These General Terms of Use govern the use of the Website and any mobile application owned or controlled by Us (collectively, “Application”), and apply to all users visiting the Website or Application, accessing, or using the Website or Application in any way, including using the services and resources available or enabled via the Website and Application (each a “Service” and collectively, the “Services”). The Website, the Application, the Services, and the information and content available on the Website and in the Application and the Services are collectively referred to as the “Quickob Properties”).

THESE GENERAL TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE. BY CLICKING ON THE [“I ACCEPT”] BUTTON, COMPLETING THE REGISTRATION PROCESS, BROWSING THE WEBSITE, DOWNLOADING THE APPLICATION, ENTERING INTO A SALES ORDER, OR SUBMITTING AN ORDER ON THE WEBSITE OR APPLICATION (FOR EMPLOYERS), YOU REPRESENT THAT

(1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE GENERAL TERMS OF USE (AND THE APPLICABLE SPECIFIC TERMS),

(2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH QUICKOB, AND

(3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE GENERAL TERMS OF USE PERSONALLY OR ON BEHALF OF THE EMPLOYER YOU HAVE NAMED AS THE USER, AND TO BIND THAT EMPLOYER TO THESE GENERAL TERMS OF USE (COLLECTIVELY, THE “AGREEMENT”). THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTER ON THE WEBSITE OR APPLICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE GENERAL TERMS OF USE AND THE PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE WEBSITE, THE APPLICATION, OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 18 OF THESE GENERAL TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW CLAIMS BETWEEN YOU AND US ARE RESOLVED, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT INCLUDES AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:

(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND

(2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

General Terms of Use are supplemented by the Privacy Policy and the Specific Terms, as follows you should note it,

Quickob Employer Terms: If you are an entity/company/firm or individual (“Employer”) who accesses x and uses the Services to post or submit advertisements for review by Job Seekers (as defined below) or otherwise accesses any Services designed for Employers (excluding Shifts Clients as defined below), the Employer Terms also govern your use of the Services and any Sales Order entered into by you and Quickob. As an Employer, you acknowledge and agree that you are bound by the Quickob Employer Terms as part of these General Terms of Use.

Quickob Job Seeker Terms: If you are accessing or using the Services to respond to job advertisements posted by Employers for full-time/part time or any type of employment, to search for or sign up for shifts (a “Job Seeker”), or to access any Services designed for Job Seekers, the Job Seeker Terms also govern your use of such Services. You acknowledge and agree that you are bound by the QuickobJob Seeker Terms of Use as part of these General Terms of Use.

Quickob Shifts Terms: If you are an employer who is accessing and using the Services to post solicitations of QuickobWorkers to fill shift-work positions (“Shifts Clients”) or to access any Services designed for Shifts Clients (“Shifts Services”), the Shifts Terms govern any agreement entered into by the Shifts Clients and Quickob. You should acknowledge and agree that you are bound by the QuickobShifts Terms as part of these General Terms of Use.

Quickob Workers: If you are accessing and using the Services to respond to shift postings by Shifts Clients for the purpose of securing short-term shift work opportunities (a “Quickob Worker”) or to access any Services designed for Quickob Workers, a separate offer letter will constitute the agreement entered into by you as a QuickobWorker and Us. You should acknowledge and agree that you will be bound by such an offer letter as part of these General Terms of Use.

Please note that one or more of these documents may be applicable to you, and by using the Services, you agree to adhere to the terms and conditions of all relevant Terms. If there is a conflict between these General Terms of Use and the Specific Terms, the Specific Terms will take precedence concerning the relevant Service. Together, these General Terms of Use and any applicable Specific Terms are collectively referred to as the “Terms.”

PLEASE BE AWARE THAT THE TERMS ARE SUBJECT TO CHANGE BY QUICKOB AT ITS SOLE DISCRETION AT ANY TIME. When updates are made, Quickobwill provide the revised Terms on the Website and within the Applications, and any modifications to Specific Terms will be available through the affected Service on the Website or in the Application. We will also update the “Last Updated” date at the top of the revised Terms.

If significant changes are made, we will summarize these changes in the Quickob Knowledge Base. For Active Users, we will also send an email to the last address you provided. An “Active User” is defined as a user who has registered to create an Account (as described in Section 3.1 below) and has logged into and used the Services at least once in the six months preceding the changes.

Changes to the Terms will take effect immediately for new Users of the Website, Application, or Services, and will be effective 30 days after posting for existing Users. Material changes will be effective for existing Users with an Account either 30 days after notice is posted on the Website or 30 days after an email notice is sent, whichever comes first. Quickobmay require you to consent to the updated Terms in a specified manner before you can continue using the Website, Application, or Services. If you do not agree to any changes after receiving notice, you must stop using the Website, Application, and/or Services. Continued use constitutes acceptance of the changes. PLEASE REGULARLY CHECK THE WEBSITE TO REVIEW THE CURRENT TERMS.

1. Services:Quickoboffers Services designed to connect Job Seekers and Shifts Workers with Employers and Shifts Clients. Job Seekers may store personal and resume-related information in a standardized format for easy sharing with employers and job recruiters. Quickobfacilitates this by allowing Job Seekers and Shifts Workers to submit applications to Employers and Shifts Clients through job postings, and by enabling Employers to invite Job Seekers and Shifts Workers to apply for jobs or shifts.

2. Use of the Services and Quickob Properties: The QuickobProperties are protected by copyright laws. Subject to the Terms, Quickob grants you a limited license to reproduce portions of QuickobProperties solely for the purpose of using the Services for personal or internal business purposes. Unless otherwise specified by Quickob in a separate license, your right to use any QuickobProperties is governed by the Terms.

2.1 Application License: Provided you comply with the Terms, Quickob grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the Application on a mobile device or computer that you own or control, solely for your personal or internal business purposes. For Applications accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the Application (a) on an Apple-branded product running iOS (Apple’s proprietary operating system) and (b) in accordance with the “Usage Rules” set forth in the Apple App Store Terms of Service. For Applications accessed through or downloaded from the Google Play Store (a “Google Play Sourced Application”), additional license rights may apply for use within your designated family group.

2.2 Updates: QuickobProperties are continually evolving. Quickobmay require you to accept updates to the QuickobProperties installed on your computer or mobile device. You acknowledge that Quickobmay update the Quickob Properties with or without notice to you. You may also need to update third-party software from time to time to continue using Quickob Properties.

2.3 Certain Restrictions: You agree and acknowledge that the rights granted under the Terms are subject to the following restrictions:

(a) You will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host, or commercially exploit Quickob Properties or any part thereof, including the Website;

(b) You will not use framing techniques to enclose any Quickobtrademarks, logos, or other Quickob Properties (including images, text, or page layout);

(d) You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of Quickob Properties, except as prohibited by law;

(e) You will not use manual or automated processes (including spiders, robots, or data mining tools) to scrape or download data from the Website, except for public search engines’ use of spiders to index materials;

(f) You will not access Quickob Properties to build a similar or competitive website, application, or service;

(g) Except as expressly stated, no part of QuickobProperties may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means;

(h) You will not remove or alter any copyright notices or proprietary markings on QuickobProperties. Any future releases, updates, or additions to Quickob Properties will be subject to the Terms. Quickob, its suppliers, and service providers reserve all rights not granted in the Terms. Unauthorized use of Quickob Properties terminates the licenses granted under the Terms.

2.4 Third-Party Materials: You may access materials hosted by third parties as part of the Quickob Properties. You acknowledge and agree that Quickobcannot monitor such materials and access is at your own risk.

3. Registration

3.1 Creating Your Account: To access certain features of QuickobProperties, you may need to become a Registered User. For the purposes of these Terms, a “Registered User” is an individual who has registered an account on the Website or Application (“Account”).

3.2 Registration Information: When registering an account on the Website or Application, you agree to

(1) Provide accurate, current, and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) keep your Registration Data updated to maintain its accuracy and completeness. You represent that you are (1) at least 13 years old, and if you are between 13 and 18, you are using the Services under the supervision of a parent or legal guardian who is bound by these Terms, in which case “you” includes your parent or guardian; (2) of legal age to form a binding contract or under the supervision of a parent or guardian who is of legal age; and (3) not prohibited from using QuickobProperties under the laws of the United States, your residence, or any applicable jurisdiction. You are responsible for all activities that occur under your Account. You must not share your Account or password with others and agree to notify Quickobimmediately of any unauthorized use of your password or any security breach. If any information you provide is untrue, inaccurate, not current, or incomplete, or if Quickob has reasonable grounds to suspect such issues, Quickobreserves the right to suspend or terminate your Account and deny any current or future use of QuickobProperties (or any part thereof). You agree not to create an Account using false information or on behalf of someone else and not to have more than one Account at any time. Quickobmay remove or reclaim usernames at its discretion, including in response to claims that a username infringes on third-party rights. You agree not to create an Account or use Quickob Properties if you have been previously removed by Quickob or banned from any Quickob Properties.

3.3 Required Equipment and Software: You are responsible for providing all equipment and software necessary to connect to QuickobProperties, including any mobile device needed if the Services include a mobile component. You are solely responsible for any fees incurred, including Internet or mobile charges, when accessing QuickobProperties. By providing your cell phone number and using the Services, you consent to Quickob'suse of your number for calls and texts to perform and enhance the Services. Quickobwill not charge for these communications, but standard message or other charges from your wireless carrier may be applicable.

4. Responsibility for Content

4.1 Types of Content: You agree that all files, materials, data, text, audio, video, images, job postings, or other content included or available through Quickob Properties (“Content”) are solely the responsibility of the party from whom such Content originated. This means you are Solely responsible for any Content you upload, post, email, transmit, or otherwise make available (“Your Content”), and that you and other users are responsible for all Content they make available through QuickobProperties (“User Content”).

4.2 No Obligation to Pre-Screen Content: You recognize that Quickob is not obligated to pre-screen Content (including User Content), but reserves the right to pre-screen, refuse, or remove any Content at its discretion. By agreeing to these Terms, you consent to such monitoring. You agree that there is no expectation of privacy for the transmission of Your Content, including chat, text, or voice communications. If Quickobpre-screens, refuses, or removes any Content, it does so for the benefit of Quickobor the online community, not for your benefit. Quickobreserves the right to remove any Content that violates the Terms or is deemed objectionable.

4.3 Storage: Unless explicitly agreed to by Quickob in writing, Quickobhas no obligation to store any of Your Content made available on QuickobProperties. Quickobis not responsible for the deletion or accuracy of any Content, including Your Content, or for the failure to store, transmit, or receive transmission of Content. Quickobalso is not liable for the security, privacy, or transmission of other communications related to the use of QuickobProperties. Certain Services may allow you to set access levels for Your Content. If you do not specify, the system may default to its most permissive setting. Quickobretains the right to impose reasonable limits on the use and storage of Content, including limits on file size, storage space, processing capacity, and other limits as described on the Website and determined by Quickobat its sole discretion.

5. Ownership.

5.1 Company Properties. Except for Your Content and User Content, you acknowledge that Quickob and its suppliers hold all rights, title, and interest in QuickobProperties. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary notices that are incorporated into or accompany the Website, the Services, or QuickobProperties.

5.2 Trademarks. "QUICKOB", "QUICKOB.COM", and other related graphics, logos, service marks, and trade names used in connection with QuickobProperties or the Services are trademarks of Quickob and maynot be used without permission for any third-party products or services. Other trademarks and service marks that appear on QuickobProperties are the property of their respective owners.

5.3 Other Content. Except for Your Content, you agree that you have no rights or claims to any Content appearing on or within QuickobProperties.

5.4 Your Content. Quickobdoes not claim ownership of Your Content. However, by posting or publishing Your Content on QuickobProperties, you assert that you own or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform, and display Your Content (in whole or in part) globally and to incorporate it into other works in any form, media, or technology now known or developed later, for the full term of any worldwide intellectual property rights that may exist in Your Content.

5.5 License to Your Content. Subject to any applicable account settings you select, you grant Quickoba fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license (including any moral rights) to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purpose of operating and providing QuickobProperties to you and other Users. You warrant that the holder of any intellectual property rights in Your Content has waived all such rights and granted you the right to grant this license. You are responsible for all Your Content you Make Available on or in QuickobProperties.

5.6 Investigations. Quickobmay, but is not obligated to, monitor or review QuickobProperties and Content at any time. Quickobreserves the right to remove any of Your Content for any reason (or no reason) at its sole discretion, including if the Content violates the Terms or any applicable laws. While Quickobgenerally does not monitor user activity, it reserves the right to investigate any possible violations of the Terms and may terminate your license to use QuickobProperties or alter/remove Your Content without prior notice.

5.7 Username. By submitting Your Content to any forums, comments, or other areas on QuickobProperties, you expressly allow Quickobto identify you by your username as the contributor of Your Content in any publication or media now known or developed later.

5.8 Your Profile. Content posted in your profile must not contain nudity, violence, sexually explicit, or offensive material. You may not post or submit a photograph of another person without their permission.

5.9 Feedback. Submitting ideas, suggestions, documents, or proposals to Quickobthrough its suggestion, feedback, wiki, forum, or similar pages ("Feedback") is at your own risk, and Quickobhas no obligations (including confidentiality) regarding such Feedback. You represent and warrant that you have the necessary rights to submit Feedback. You grant Quickoba fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise exploit the Feedback in any manner, and to sublicense these rights in connection with the operation and maintenance of Quickob Properties.

6. User Conduct.

As a condition of using QuickobProperties, you agree not to use Quickob properties for any prohibited purpose. You must not (and must not allow any third party to) either (a) take any action or (b) Make Available any Content on or through QuickobProperties that:

(i) Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any individual or entity;

(ii) Is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;

(iii) Constitutes unauthorized or unsolicited advertising, junk mail, or bulk email;

(iv) Involves commercial activities and/or sales without Quickob’sprior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;

(v) Impersonates any person or entity, including any employee or representative of Quickob;

(vi) Interferes with or attempts to interfere with the proper functioning of Quickob Properties, or uses Quickob Properties in any way not expressly permitted by these Terms; or

(vii) Engages in or attempts any potentially harmful acts against QuickobProperties, including but not limited to violating or attempting to violate any security features, using manual or automated software to access, “scrape,” “crawl,” or “spider” any pages, introducing viruses or similar harmful code, or interfering with the use of Quickob Properties by other users, hosts, or networks through means such as overloading, “flooding,” “spamming,” “mail bombing,” or “crashing.”

7. Removal of Content

7.1 General. QuickOBreserves the right to refuse to post or remove any Content submitted to or through the Services. You agree that QuickOBis not obligated to edit or modify any Content or resolve disputes between posters, and will not be liable for any Content. QuickOBdoes not assume responsibility for Content or for claims of economic loss resulting from Content. QuickOBmay remove Content if it determines, at its sole discretion, that such Content submitted:

Is false, unlawful, misleading, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing (or advocates harassment of another person), threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
Is patently offensive to the online community, such as content promoting racism, bigotry, hatred, or harm against any group or individual;
Solicits personal information from anyone under age 18;
Violates privacy rights or impersonates any person or entity;
Encourages or provides instructions for illegal activity, criminal offenses, or violations of laws including those from the U.S. Securities and Exchange Commission (SEC) or any securities exchanges like NYSE or NASDAQ;
Provides instructions on illegal activities such as making or buying illegal weapons, violating privacy, or creating computer viruses;
May infringe on any patent, trademark, trade secret, copyright, or other intellectual property rights;
Involves mass mailings, spamming, junk mail, chain letters, or pyramid schemes;
Impersonates any person or entity or misrepresents your affiliation, including with QuickOBor any Employer;
Contains private information of third parties, such as addresses, phone numbers, email addresses, social security numbers, or credit card numbers;
Includes or facilitates viruses, corrupted data, or harmful, disruptive or destructive files;
Is unrelated to the topic of the Reviews or Employers for which such Review is posted;
Contains misleading, unreadable, or "hidden" keywords, or irrelevant names, logos, or trademarks;
In the case of job postings, includes multiple job positions or descriptions;
Is otherwise objectionable, restricts or inhibits others from using or enjoying the Services, or exposes QuickOBor its users to harm or liability;
May not be in the best interests of the online community or the efficient operation of the Services.

7.2 Job Postings Content. QuickOBmay remove job posting Content if it determines, at its sole discretion, that the Content:

Does not comply with applicable laws, including those relating to labor and employment, equal employment opportunity, data privacy, and intellectual property;
Involves criminal activity or requires illegal activities for the job;
Advertises for a competitor or contains links to any competitive sites;
Is for a position that has expired;
Directs applicants/Job Seekers to apply outside QuickOB Properties;
Sells, promotes, or advertises products or services;
Promotes franchises, pyramid schemes, multi-level marketing opportunities, or requires upfront payments;
Advertises modeling, acting, talent, or entertainment agencies or positions;
Directly or indirectly promotes other websites, products, or services;
Requests free services or requires a fee before application;
Shares or solicits contact information such as email, phone number or social media username, in profiles or job posts;
Advertises sexual services or seeks employees for sexual jobs;
Requests or solicits human body parts or reproductive services;
Advertises jobs in countries subject to U.S. economic sanctions;
Contains URLs, email addresses, or phone numbers;
Except where allowed by law, requires applicants to provide information about racial or ethnic origin, political beliefs;philosophical or religious beliefs; membership of a trade union; physical or mental health; sexual health; commission of criminal offenses; or age; or
May be misleading, objectionable, inappropriate, or not in the best interests of the community or the efficient operation of the Services.

7.3 Reporting. QuickOBmay report suspected violations of laws or regulations to appropriate authorities. This may include disclosing customer information. QuickOBmay also cooperate with law enforcement and other agencies to investigate and prosecute illegal conduct by providing network and system information related to alleged violations.

8. Interactions with Other Users

8.1 User Responsibility- You are solely responsible for your interactions with other users and any third parties with whom you engage. QuickOBreserves the right, but is not obligated, to intervene in such disputes. QuickOB will not be liable for any damages or liabilities arising from these interactions.

8.2 Content Provided by Other Users- QuickOBProperties may include User Content from other users. QuickOBdoes not control or take responsibility for User Content and is not obligated to review or monitor it. QuickOBdoes not endorse or warrant any User Content. Use all User Content and interact with other users at your own risk.

8.3 No Authentication of Users- You acknowledge that QuickOBcannot verify the identity of every user and does not guarantee the authenticity of users. It is your responsibility to perform due diligence before communicating or interacting with users, including Employers, Shifts Clients, Job Seekers, and QuickOBWorkers. You assume all risks associated with these interactions. Any disputes or issues should be resolved directly with the relevant user, and you release QuickOB, its subsidiaries, and their employees, directors, and agents from all claims, demands, and damages, to the fullest extent permitted by law.

9. Third-Party Services, Portals, Gift Cards, and Other Websites

9.1 Third-Party Services- QuickOBProperties may contain links to third-party websites, applications, advertisements, and services (collectively, “Third-Party Services”). When you access a Third-Party Service, you may not be notified that you are leaving QuickOBProperties and are subject to the terms and conditions (including privacy policies) of another entity. QuickOBdoes not control or assume responsibility for any Third-Party Services and does not review, endorse, or make any representations about them. Use of Third-Party Services is at your own risk. Once you leave QuickOBProperties, our Terms and policies no longer apply. You should review the terms and policies of any Third-Party Service provider before proceeding with any transactions.

9.2 Third-Party Portals- QuickOBProperties may be accessible through third-party websites (“Third-Party Portals”). These Third-Party Portals are not under QuickOB’scontrol, and QuickOBis not responsible for any content or services provided through them.

9.3 Gift Cards- QuickOBoffers gift cards for third-party merchants (“Gift Cards”). When purchasing a Gift Card, you must provide billing information (e.g., credit or debit card details). Gift Cards are non-refundable and may not be reloaded, resold, used for unauthorized advertising, or redeemed for more than their face value. They cannot be transferred for value or redeemed for cash except as required by law. QuickOBis not liable for lost Gift Cards after receipt. For issues with Gift Cards, contact the Merchant’s customer service. Merchants are responsible for the terms and use of their Gift Cards, which are detailed on their websites. QuickOBis not responsible for any actions or policies of Merchants. TO THE FULL EXTENT PERMITTED BY LAW, QUICKOB MAKES NO WARRANTIES REGARDING GIFT CARDS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9.4 Accessing and Downloading the Application from iTunes- For any application accessed or downloaded from the Apple App Store:

You acknowledge that (i) the Terms are between you and QuickOB, not Apple, and (ii) QuickOB, not Apple, is responsible for the application and its content. Use must comply with Apple’s App Store Terms of Service.
Apple is not obligated to provide maintenance or support services.
If the application fails to meet any warranty, you may contact Apple for a refund, and Apple will have no other warranty obligations. QuickOBis responsible for any claims related to warranty failures.
Apple is not responsible for any claims related to the application or its use, including product liability or legal compliance.
If a third party claims that the application infringes its intellectual property rights, QuickOB, not Apple, is responsible for addressing such claims.
Apple and its subsidiaries are third-party beneficiaries of the Terms related to the App Store application license and can enforce these terms against you.
You must comply with all applicable third-party terms when using the App Store application.

9.5 Accessing and Downloading the Application from Google Play- For any application accessed or downloaded from Google Play:

You acknowledge that (i) the Agreement is between you and QuickOB, not Google, Inc. (“Google”), and (ii) QuickOB, not Google, is responsible for the Google Play application and its content. Use must comply with Google Play’s Terms of Service.
Google is only a provider of the Google Play platform.
QuickOB is responsible for its Google Play application, and Google has no obligations or liabilities concerning it.
Google is a third-party beneficiary of this Agreement related to the QuickOB Google Play application.

10. SMS Messaging

10.1 SMS Texting Services- By providing your mobile phone number during registration or in your Account information, you consent to receive text messages from QuickOB, our affiliates, and their representatives. These messages may be used to:

(i) Service your Account or communicate with you for customer service,

(ii) Investigate or prevent fraud, or

(iii) Collect debt. Additionally, QuickOBmay offer text message programs for marketing purposes, including one-time texts and subscription services. These services are collectively referred to as “SMS Texting Services.” We will not send marketing texts unless you have explicitly consented. Consent for marketing texts is not a condition for purchasing any goods or services.

10.2 How to Opt Out- You can opt out of the SMS Texting Services at any time by replying with “STOP” to any text message you receive from us. After receiving your “STOP” message, we will confirm your unsubscriptionwith a response text. If you wish to rejoin, you can sign up again, and SMS messages will resume. To get information about the SMS Texting Services or how to unsubscribe, text “HELP” to any message you receive. Message frequency will vary based on your interactions. For privacy questions, refer to our Privacy Policy or contact us directly.

10.3 Mobile Carrier Charges- QUICKOB.com, owned by QUICK QORE Inc. does not charge for SMS Texting Services, but standard data and messaging rates from your mobile carrier may apply. By consenting to SMS Texting Services, you approve any charges from your mobile carrier. You confirm that you are at least 13 years old and either the owner or authorized user of the mobile device linked to the number you provide. You are also responsible for any charges from your carrier. For questions about carrier charges, please contact your mobile carrier directly.

10.4 Privacy- Information collected through SMS Texting Services may include your name, address, mobile phone number, your mobile service provider, and details of your messages. This information will be used in accordance with our Privacy Policy. Your mobile carrier and other service providers may also collect data about your mobile usage, governed by their own policies.

10.5 Disclaimers- SMS Texting Services are provided through wireless systems that use radio frequencies and other technologies. We are not liable for any delays in receiving text messages due to transmission issues from your network operator. SMS Texting Services are provided “AS-IS,” and we do not guarantee privacy or security of these services. You are responsible for taking appropriate precautions and security measures for your use of SMS Texting Services.

11. Indemnification

You acknowledge and agrees to indemnify and hold harmless QuickOB, its affiliates, subsidiaries, officers, employees, agents, partners, and licensors (collectively, the “QuickOBParties”) from any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) that arise from: (a) Your Content; (b) your use of or inability to useQuickOB Properties; (c) your violation of the Terms; (d) your infringement of any rights of another party, including other Users; or (e) your breach of any applicable laws, rules, or regulations. QuickOBreserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully with QuickOBin asserting any available defenses. This indemnification obligation does not apply to any claims related to unconscionable commercial practices by QuickOBor for fraud, deception, false promises, misrepresentations, or concealment of material facts by QuickOBin connection with the Website or any Services provided. These indemnification provisions will survive any termination of your Account, the Terms, or your access to QuickOB Properties.

12. Disclaimer of Warranties and Conditions

12.1 As Is- You expressly understand and agree that, to the extent permitted by applicable law, your use of QuickOBProperties is at your sole risk. QuickOBProperties are provided on an "AS IS" and "AS AVAILABLE" basis, with all faults. QuickOBParties disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. QuickOBParties make no warranties, representations, or conditions that: (1) QuickOBProperties will meet your requirements; (2) your use of QuickOBProperties will be uninterrupted, timely, secure, or error-free; (3) the results obtained from using QuickOBProperties will be accurate or reliable; or (4) your use of QuickOBProperties will be private or secure. Any content downloaded from or accessed through QuickOBProperties is accessed at your own risk, and QuickOBdoes not guarantee the accuracy, legality, legitimacy, truthfulness, or completeness of such content. You acknowledge that you may encounter user content that is inaccurate, incomplete, illegal, misleading, false, offensive, or otherwise unsuitable. It is your responsibility to verify the quality, accuracy, truthfulness, legality, or reliability of user content, including resumes/CVs, job advertisements, and message content. Your reliance on any user content is at your own risk, and you are solely responsible for any damage to your property, including your computer system and devices used to access QuickOBProperties, or any other loss resulting from accessing such content. QuickOBmakes no warranty regarding services, including but not limited to, their quality, effectiveness, reputation, or characteristics. QuickOBdisclaims responsibility for any harm caused by downloading or accessing information or material on the site. Under no circumstances shall QuickOBbe liable to you or any third party for your use or misuse of or reliance on the site. QuickOBmay offer new "beta" features or tools for experimental purposes without any warranty, and such features or tools may be modified or discontinued at QuickOB’ssole discretion. These provisions apply fully to such features or tools.

12.2 No Liability for Conduct of Third Parties- You acknowledge and agree that QuickOBParties are not liable for, and you agree not to seek to hold QuickOBParties liable for the conduct of third parties on the website, including operators of external sites. The risk of injury from such third parties rests entirely with you.

12.3 No Liability for Conduct of Other Users- You are solely responsible for all communications and interactions with other users of QuickOB Properties. You understand that QuickOBdoes not attempt to verify the statements of users of QuickOB Properties.

13. Limitation of Liability

13.1 Disclaimer of Certain Damages. You understand and agree that QuickOBwill not be liable for any loss of profits, revenue, or data, or for any indirect, incidental, special, or consequential damages arising out of or in connection with QuickOBProperties. This includes damages or costs related to loss of production or use, business interruption, or procurement of substitute goods or services, even if QuickOBwas advised of the possibility of such damages. This limitation applies to:

(1) The use or inability to use QuickOB Properties;

(2) The cost of procuring substitute goods or services due to any goods, data, information, or services purchased or obtained through QuickOB Properties;

(3) Unauthorized access to or alteration of your transmissions or data;

(4) Statements or conduct of any third party on QuickOB Properties; or

(5) Any other matter related to QuickOBProperties, whether based on warranty, copyright, contract, tort (including negligence), product liability, or any other legal theory. This limitation will not apply to liability for (A) death or personal injury caused by QuickOB’snegligence or (B) injury caused by QuickOB’sfraud or fraudulent misrepresentation.

13.2 Cap on Liability. Under no circumstances will QuickOB be liable to you for more than the greater of (A) $50.00, or (B) the liability cap amount specified in any applicable specific term. This cap on liability does not apply to liability for (A) death or personal injury caused by QuickOB’s negligence;

(B) any injury caused by QuickOB’sfraud or fraudulent misrepresentation; or

13.3 User Content. Except for QuickOB’sobligations to protect your personal data as outlined in QuickOB’s Privacy Policy, QuickOBassumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any content (including, but not limited to, your content and user content), user communications, or personalization settings.

13.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN QUICKOB.com AND YOU.

14. Procedure for Making Claims of Copyright Infringement

QuickOBtakes copyright infringement seriously and may terminate the membership of users who repeatedly infringe copyright upon receiving prompt notification from the copyright owner or their legal agent. If you believe your copyrighted work has been copied and posted on QuickOBProperties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

2. A description of the copyrighted work that you claim has been infringed.

3. A description of where the infringing material is located on QuickOBProperties.

4. Your address, telephone number, and email address.

5. A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, their agent, or the law.

6. A statement made under penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your notice to the QuickOB Copyright Agent at: contact@quickob.com.

15. Remedies

15.1 Violations

If QuickOBidentifies any potential violations of the Terms by you, we reserve the right to investigate. Should our investigation reveal criminal activity, we may refer the matter to legal authorities and cooperate with them as needed. We are also entitled, unless restricted by law, to disclose any information or materials related to your use of QuickOB Properties, including Your Content, to:

1. Comply with applicable laws, legal processes, or governmental requests.

2. Enforce the Terms.

3. Address claims that Your Content infringes third-party rights.

4. Respond to customer service inquiries.

5. Protect the rights, property, or personal safety of QuickOB, its Users, or the public, as we deem necessary or appropriate.

15.2 Breach

If QuickOBdetermines, at our sole discretion, that you have breached any part of the Terms or engaged in conduct deemed inappropriate for QuickOBProperties, we may:

1. Warn you via email (to any address you have provided).

2. Suspend or terminate your registration with any QuickOB Properties, including any services or community access.

3. Cancel your subscription to any services.

4. Notify and/or cooperate with law enforcement authorities as necessary.

5. Take any other action we consider appropriate.

16. Term and Termination

16.1 Term

The Terms form a legally-binding agreement that starts on the date you accept them and remains effective while you use QuickOB services, unless terminated earlier as outlined in these Terms.

16.2 Prior Use

If you used QuickOBservices before accepting the Terms, you acknowledge that the Terms were binding from the date you first used the services and will stay in effect while you continue to use QuickOBservices, unless terminated earlier.

16.3 Termination of Services by QuickOB

QuickOBcan immediately suspend or terminate any services if it believes you have materially breached the Terms, if required by law, or if necessary to protect QuickOBservices or other users. QuickOBwill act at its sole discretion and will not be liable to you or any third party for any account termination.

16.4 Termination of Services by You

To terminate QuickOBservices, you must (a) notify QuickOBat any time and (b) close your account for all services you use. Send your written notice to QuickOBat Address: 3070 Bristol Pike, Suite 2-231, Bensalem, PA 19020, United States. Note that Employers or Shifts Clients may have additional terms for terminating Sales Orders as specified in the QuickOBEmployer Terms or Shifts Terms.

16.5 Effect of Termination

Termination removes your access to the service and bars further use. It also includes deleting your password, information, files, and content associated with your account. Termination of services may involve deleting your content from our live databases. QuickOBis not liable for any consequences of termination, including deletion of your content. Provisions that should logically survive termination will continue to apply, such as ownership provisions, warranty disclaimers, and liability limitations.

16.6 No Subsequent Registration

If QuickOBterminates your access due to a violation of the Terms or inappropriate conduct, you agree not to attempt to re-register or access QuickOBservices using a different name or method. QuickOBreserves the right to take any actions necessary in such cases without prior notice.

17. International Users

QuickOBservices can be accessed from around the world and may include references to services and content that are not available in your country. These references do not indicate that QuickOBplans to offer such services or content in your country. QuickOBoperates and controls its services from facilities in the United States. We do not represent that QuickOBservices are appropriate or available for use in other locations. If you access or use QuickOBservices from outside the United States, you do so at your own risk and are responsible for complying with local laws.

18. Dispute Resolution

Please read the following arbitration agreement carefully. It requires you to arbitrate disputes with QuickOBand limits how you can seek relief.

18.1 Applicability of Arbitration Agreement. You agree that any dispute related to your access or use of the QuickOBservices, any products sold or distributed through QuickOB, or any aspect of your relationship with QuickOB, will be resolved by binding arbitration, rather than in court. Exceptions include (1) claims you may bring in small claims court if they qualify and stay in such court on an individual basis; and (2) seeking equitable relief in court for intellectual property rights issues (like trademarks, domain names, copyrights, and patents). This Arbitration Agreement applies to all claims, whether they arose before or after the effective date of this Agreement.

IF YOU AGREE TO ARBITRATION WITH QUICKOB, YOU AGREE NOT TO PARTICIPATE IN OR SEEK TO RECOVER RELIEF IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. YOU MAY BRING CLAIMS ONLY IN AN INDIVIDUAL ARBITRATION. YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE ACCEPTING THIS AGREEMENT.

18.2 Arbitration Rules and Forum. The Federal Arbitration Act governs this Arbitration Agreement. To start an arbitration, send a letter describing your claim to QuickOB’sregistered agent: QUICKOB.com, owned by QUICK QORE Inc. c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, Delaware, 19808 or email contact@quickob.com. Arbitration will be conducted by JAMS. Claims under $250,000 will follow JAMS’s Streamlined Arbitration Rules, and claims above $250,000 will follow JAMS’s Comprehensive Arbitration Rules. JAMS rules are available atJAMS. If JAMS is unavailable, parties will choose another arbitral forum. If you cannot afford JAMS fees and cannot get a waiver, QuickOBwill cover them. QuickOBwill also cover fees for claims under $10,000 unless they are deemed frivolous. QuickOB will not seek attorneys’ fees unless claims are frivolous. You can choose to have the arbitration conducted by phone, written submissions, or in person in your country or another agreed location. Arbitration awards can be entered in any competent court.

18.3 Authority of Arbitrator. The arbitrator will have exclusive authority to resolve disputes related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitration will not be consolidated with other matters or joined with other cases or parties. The arbitrator can grant motions and award damages and relief available under law. The arbitrator’s decision is final and binding.

18.4 Waiver of Jury Trial. YOU AND QUICKOB WAIVE THE RIGHT TO SUE IN COURT OR HAVE A TRIAL BY JURY. All disputes will be resolved by arbitration, not in court, except as stated in Section 18.1. Arbitrators can award the same relief as a court but without a judge or jury.

18.5 Waiver of Class or Consolidated Actions. ALL CLAIMS MUST BE ARBITRATED INDIVIDUALLY, AND NO CLASS OR CONSOLIDATED ACTIONS ARE ALLOWED. If this provision is invalid or unenforceable, claims will be resolved in court as outlined in Sections 19.6 and 19.7.

18.6 30-Day Right to Opt Out. You can opt out of this Arbitration Agreement by sending a written notice to: QuickOB Address: 3070 Bristol Pike, Suite 2-231, Bensalem, PA 19020, United States. Legal or email contact@quickob.com within 30 days of becoming subject to this Arbitration Agreement. Include your name, address, QuickOBusername (if any), email address, and a clear statement opting out. Opting out does not affect other parts of this Agreement or any other arbitration agreements you may have with us.

18.7 Severability. If any part of this Arbitration Agreement is found invalid or unenforceable, that part will be severed, and the remainder will continue in full force.

18.8 Survival of Agreement. This Arbitration Agreement survives the termination of your relationship with QuickOB.

18.9 Modification. If QuickOBmakes material changes to this Arbitration Agreement in the future, those changes will not apply to any claims you had already notified QuickOBabout before the changes.

19. General Provisions

19.1 Electronic Communications- Communications between you and QuickOBare conducted electronically, whether through our website, emails, text messages, or notices posted on our platform. For contractual purposes, you (1) consent to receiving communications from QuickOBelectronically; and (2) agree that all terms and conditions, agreements, notices, and other communications provided electronically satisfy any legal requirements that they be in writing. This does not affect your statutory rights.

19.2 Release- You release QuickOBand its affiliates from any claims, losses, damages, or actions of any kind related to your use of QuickOB, including interactions with other users or third-party websites. If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist at the time of executing the release and that, if known, would have materially affected the settlement.” This release does not apply to claims related to unconscionable commercial practices by QuickOBor for fraud or misrepresentation by QuickOB.

19.3 Assignment- You may not assign, subcontract, delegate, or transfer your rights or obligations under the Terms without QuickOB’sprior written consent. Any attempt to do so will be null and void.

19.4 Force Majeure- QuickOBis not liable for delays or failures to perform due to causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargos, fires, floods, accidents, pandemics, strikes, and shortages of transportation facilities, fuel, energy, labor or materials or other conditions outside Quickob control that discontinue normal business operations.

19.5 Questions, Complaints, Claims- For questions, complaints, or claims regarding QuickOB, contact us through the provided channels. We aim to address your concerns and encourage you to reach out for further investigation if needed.

19.6 Governing Law- The Terms and any related actions are governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without regard to any conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.7 Notice. You must keep your current email address updated. If the last email address you provided is invalid, any notices sent to that address will still be considered effective. Notices to QuickOBcan be sent to contact@quickob.com.

19.8 Waiver. A waiver of any provision of the Terms on one occasion does not waive the right to enforce that provision on another occasion or any other provision.

19.9 Severability. If any part of the Terms is deemed invalid or unenforceable, that part will be severed, and the remaining provisions will remain in effect as closely as possible to the original intent.

19.10 Export Control. You may not use, export, import, or transfer QuickOB services except as permitted by U.S. law and other applicable laws. QuickOBservices may not be exported or re-exported to embargoed countries or prohibited parties. By using QuickOBservices, you affirm that you are not located in a restricted country or on any prohibited list and will not use the services for prohibited purposes.

19.11 Consumer Complaints. California residents may report complaints to the Complaint Assistance Unit of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by calling (800) 952-5210.

19.12 Entire Agreement. The Terms represent the complete and exclusive agreement between the parties regarding the subject matter and supersede all prior discussions.