Snapback Retrieval Service Information, Quicksilver TownCar

Quicksilver Snap-Back Program Agreement

IMPORTANT – PLEASE READ CAREFULLY

Entering into this Agreement: This Agreement constitutes a valid and binding agreement between Quicksilver TownCar and You, as a participant in the Quicksilver Snap-Back Program. You hereby agree and acknowledge that this Agreement covers all elements of Your participation in the Quicksilver Snap-Back Program. Furthermore, by affixing the Snap-Back label, You agree to be bound by the terms of this Agreement and any and all subsequent modifications or revisions.

Article 1: Definitions

In this Agreement the following capitalized definitions are being used, singular as well as plural.

1.1 Affiliate: any corporation, company, or other entity that directly or indirectly controls, is controlled by, or is under common control with Quicksilver TownCar. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Documentation: any documentation provided by Quicksilver.
1.4 Effective Date: the date on which this Agreement is entered into by affixing the label, as stated above.
1.5 Password: refers to a code You select, which, in combination with the User ID, gives You access to Your User Account.
1.6 Quicksilver: refers to the Corporation established under the laws of the State of California with a current business address at 129 Kissling Street, San Francisco CA.
1.7 Quicksilver Snap-Back Program: the Snap-Back Program as currently provided by Quicksilver, or as that Program may be modified from time to time.
1.8 Quicksilver Staff: the Officers, Directors, employees, and agents of Quicksilver or its Affiliates, or any other persons hired by Quicksilver or its Affiliates.
1.9 Terms of Service: means the agreement between Quicksilver and You for Your participation in the Quicksilver Snap-Back Program.
1.10 User Account: refers to the account with User ID and Password that You create for Your participation in the Quicksilver Snap-Back Program.
1.11User ID: refers to an identification code You selected, which, in combination with the Password, gives access to Your User Account.
1.12 Snap-Back Program: means the services provided under the Terms of Service.
1.13 You: You, the participant in the Quicksilver Snap-Back Program, also includes passengers that are family, domestic partners, or guests of Yours, as provided in Terms of Service.

Article 2: Terms and Restrictions

2.1. Eligibility. Subject to the terms of this Agreement, Quicksilver will use its best efforts to coordinate the same day pickup of any lost item on which You have affixed a Quicksilver Snap-Back label and courier the item to the most convenient location for its return to You. You may participate in the Quicksilver Snap-Back Program as long as You are a Quicksilver TownCar Customer with a personal or corporate billing profile and have been a passenger in a Quicksilver TownCar within 6 (six) months of the date of loss.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Quicksilver Snap-Back Program or any part thereof.
2.3 Third Parties. You acknowledge and agree that the Quicksilver Snap-Back Program may involve the use of third parties which will be chosen at the discretion of Quicksilver.
2.5 Changes to the Quicksilver Snap-Back Program. Quicksilver, in its sole discretion, reserves the right to add or delete features of the Quicksilver Snap-Back Program. You acknowledge and agree that Quicksilver has no obligation to make available to You any subsequent changes to the Quicksilver Snap-Back Program. Likewise, You understand and acknowledge that, at any time, for any reason, with or without prior notice, Quicksilver may terminate the Snap-Back Program or Your participation in the Snap-Back Program.
2.6 Paid Services. There is no charge for participating in the Quicksilver Snap-Back Program. However, You may be held accountable for actual expenses over $30.00 incurred by Quicksilver in returning Your lost item(s). If You are not eligible for the Quicksilver Snap-Back Program as defined in 2.1 above, Quicksilver may, but is under no obligation to, coordinate the return of Your item(s), in which case You will be responsible for all costs incurred in such return, plus an additional handling charge to Quicksilver of $30.00.

Article 3: Additional Terms

3.1 Use of Quicksilver Snap-Back Program Labels. You agree to affix the Quicksilver Snap-Back Program labels only to devices used by You, immediate family members, and domestic partners.
3.2 Use of Quicksilver Snap-Back Program. You may make use of the Quicksilver Snap-Back Program, to coordinate the return of lost items, provided that:
3.2.1 All use of the Quicksilver Snap-Back Program is carried out for legitimate purposes and that the items are owned by or are legally under Your control.
3.2.2 You will not make any false claims regarding the loss or misplacement of any items that Quicksilver is asked to retrieve.
3.2.3 You acknowledge and agree that Your participation in the Quicksilver Snap-Back Program is at Your own risk and account, and that Quicksilver is and will be held harmless from any damage to the lost item(s) as a well as for any use, misuse, destruction, damage, corruption, or theft of any data contained in any lost item.

3.3 Protection of Your Item(s). You understand that Quicksilver will use its commercially reasonable efforts to protect the privacy and integrity of the lost item(s) and all data contained there-in. However, You acknowledge and agree that Quicksilver cannot give any warranties in this respect, nor does it bear any liability in regards to the lost item(s) or data contained therein.

Article 4: Your Participation in the Quicksilver Snap-Back Program

4.1 No Warranties. Quicksilver cannot guarantee that You will always be able to retrieve Your lost item(s) bearing the Snap-Back label, nor can Quicksilver guarantee that Your item(s) will be returned, if at all, without disruption, delays, or damage to the item or the data or material contained therein. Quicksilver will not be liable for any such disruptions, delays, or other occurrences relating to the retrieving of Your lost item(s) or the data or material contained therein.
4.2 Lawful purposes. You acknowledge and agree to use the Quicksilver Snap-Back Program solely for lawful purposes

Article 5: Terms and (Consequences of) Termination

5.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Quicksilver or You as set forth below.
5.2 Termination by Quicksilver. Without limiting other remedies, Quicksilver may limit, suspend, or terminate this Agreement and Your participation in the Quicksilver Snap-Back Program, with immediate effect, at any time, for any reason or for no reason whatsoever.
5.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause.
5.4 No liability. Quicksilver will not be liable in respect to any damage caused by the termination of this Agreement.

Article 6: Your Representations and Warranties/Indemnification of Quicksilver

6.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will, at any and all times, meet Your obligations hereunder, as well as any and all laws, regulations, and policies that may apply to Your participation in the Quicksilver Snap-Back Program.
6.2 Indemnification. You agree to indemnify, defend and hold Quicksilver, Affiliates, and the Quicksilver staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Quicksilver Snap-Back Program.

Article 7: Disclaimer of Warranties

7.1 No warranties. THE QUICKSILVER SNAP-BACK PROGRAM IS PROVIDED WITH NO WARRANTIES WHATSOEVER; QUICKSILVER DOES NOT, EITHER EXPRESSED, IMPLIED, OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS, OR REPRESENTATIONS WITH RESPECT TO THE QUICKSILVER SNAP-BACK PROGRAM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, OR FITNESS FOR USE. QUICKSILVER FURTHER DOES NOT REPRESENT OR WARRANT THAT THE QUICKSILVER SNAP-BACK PROGRAM WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, AND ERROR-FREE, OR WILL OPERATE WITHOUT DATA LOSS, DAMAGE, OR CORRUPTION.

7.2 Your own Risk. You acknowledge and agree that the entire risk arising out of Your participation in the Quicksilver Snap-Back Program remains with You, to the maximum extent permitted by law.
7.3 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event, the liability will be limited as far as legally possible under the applicable legislation.

Article 8: Limitation of Liability

8.1 No Liability. The Quicksilver Snap-Back Program is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT QUICKSILVER, ITS AFFILIATES, ITS LICENSORS, AND THE QUICKSILVER STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR PARTICIPATION IN THE QUICKSILVER SNAP-BACK PROGRAM.
8.2 Limitation of Liability. IN NO EVENT SHALL QUICKSILVER, ITS AFFILIATES, ITS LICENSORS, OR THE QUICKSILVER STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, INTERRUPTION, OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE QUICKSILVER SNAP-BACK PROGRAM, EVEN IF QUICKSILVER, ITS AFFILIATES OR THE QUICKSILVER STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE QUICKSILVER SNAP-BACK PROGRAM IS TO REMOVE ALL QUICKSILVER SNAP-BACK LABELS AND CEASE PARTICIPATION IN THE QUICKSILVER SNAP-BACK PROGRAM.
8.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event, the liability will be limited as far as legally possible under the applicable legislation.

Article 9: General Provisions

9.1 New Versions of the Agreement. Quicksilver reserves the right to modify this Agreement, at any time and from time to time. The revised Agreement shall become effective immediately.
9.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Quicksilver with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
9.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void, or unenforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
9.4 No waiver. The failure of Quicksilver at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Quicksilver.
9.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
9.6 Assignment by Quicksilver. Quicksilver is allowed, at its sole discretion, to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
9.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
9.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of the City and County of San Francisco, State of California.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS, AND CONDITIONS SET FORTH HEREIN. BY AFFIXING THE QUICKSILVER SNAP-BACK LABEL TO ANY ITEM, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO QUICKSILVER THE RIGHTS SET FORTH HEREIN.