Introduction

This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make in our website. By using or shopping from this Web site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.

 

 

Use of the site & Prohibitions

The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to it: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting users’ personal information; (d) maneuvering the price of any item or interfere with other users' listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system. For you to complete the sign-up process in our site, you must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature.

 

 

Payments and Processing of Invoices

Proquakker.com has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Proquakker.com prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Proquakker.com has all the discretion to cancel or deny orders. Proquakker.com is not responsible for pricing, typographical, or other errors in any offer by Proquakker.com and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Proquakker.com reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

 

 

Risk of Loss

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier

 

Editing, Deleting and Modification

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

 

Acknowledgment of Rights

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

 

Fraud

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Proquakker.com shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

 

Miscellaneous

This Agreement shall be governed by and construed in accordance with the substantive laws of USA, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of US, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

 

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

 

 

 

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

 

Our privacy policy is part of, and subject to, these terms and conditions of use.

 

Content Ownership

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

 

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to support@Proquakker.com.

 

If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an e-mail to, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.

 

Entire Agreement

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

 

Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the internet's vast array of information, tools, and opportunities with complete confidence.

 

Our company collects information in different ways from Visitors and Subscribers who access the various parts of our Services and the network of web sites accessible through our Service.

 

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how our company collects information from all end users of our Internet Services (the "Services") – those who access some of our Services but do not have accounts ("Visitors") as well as those who may purchase Products and/or pay a monthly service fee to subscribe to the Service ("Subscribers") – what we do with the information we collect, and the choices Visitors and Subscribers have concerning the collection and use of such information. We request that you read this Privacy Policy carefully.

 

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that personally identifiable information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

 

Registrating

Subscribers may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Subscribers during the registration process is used to manage each Subscriber's account (such as for billing purposes). This information may be shared with third parties, as stated herein, or in special circumstances.

 

However, in instances where our company and a partner jointly promote our Services, we may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the purpose of offering you other products and services.

 

In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Subscribers provide during registration (such as the total number, but not the names, of Subscribers). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services.

 

Also, with purchases, we supply our member's contact information, to our business partners, who then may contact the member by telephone after the member purchase. Sales proceeds are collected by the business partner company. We also may supply other companies with contact information, for mail offers we believe would be of interest to our Subscribers, with or without compensation from those companies. At times we may send an advertisement for a third party product, where we collect the sales proceeds, and forward the purchaser's information to that third party.

 

Our Company Partners and Sponsors

Some products and services may be offered to Visitors and Subscribers in conjunction with an affiliate, independent contractor seller or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information.

 

Online Shopping

At some web sites, you can purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.

 

If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient's name, address, and phone number. Our company has no control over the third parties' use of any personal information you provide when placing such an order. Please exercise care when doing so.

 

If you order services or products directly from our company, we use the personal information you provide to process that order. We do share this information with outside parties that we do business with.

 

Online Advertisements

Our company may display our online advertisements. In those cases we share information about our Visitors and Subscribers collected through the registration process as well as through online surveys and promotions with these advertisers.

 

Additionally, in some instances, we use this information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the information we have collected, we may then display or send the advertisement to the intended audience. Our company does share personal information about its Visitors or Subscribers with these advertisers or joint venture companies.

 

Responses to Email Inquiries When Visitors or Subscribers send email inquiries to our company, the return email address is used to answer the email inquiry we receive.

 

Voluntary Customer Surveys We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you.

 

We may take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic response to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.

 

Promotions

Our company may offer polls, contests, sweepstakes, drawings, games, content, or other promotions that are sponsored by or co-branded with third parties. You may be entered in a sweepstakes, contest, or other promotion, simply by making a purchase from us or by providing us with personally identifiable information for some other reason or purpose. Due to these third party relationships, the third parties may obtain personally identifiable information that visitors voluntarily submit to our company. Our company has no control over third parties' use of this information.

 

Additionally, personally identifiable information may be collected when you order products, enter contests, vote in polls or otherwise express an opinion, subscribe to one of our Services such as our online newsletters, or participate in one of our online forums or communities. The types of personally identifiable information that may be collected at these pages include but may not be limited to: name, address, e-mail address, telephone number, fax number, credit card information, and information about your interests in and use of various products, programs, and services. Our sponsors or third parties may send you material that relates to our company's services, products or activities.

 

Special Cases

It is our company's policy to use or share the personal information about Visitors or Subscribers in ways described herein without additional notice or means to opt out or otherwise prohibit such unrelated uses.

 

Also, we may disclose personal information about Visitors or Subscribers, or information regarding your use of the Services or web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: credit agencies, collection agencies, merchant database agencies, law enforcement, or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Terms of Use and Service, or other user policies; to operate the Services properly; or to protect our company and our Subscribers.

 

Browser Level Information The Proquakker.com, Inc. web servers may automatically collect information about a site user's IP address, browser type and the URL that you just came from (whether this URL is on the website or not) and which URL you next go to (whether this URL is on the website or not) by reading this information from the user's browser (information provided by every user's browser). This information is collected in a database and used – in an aggregated, anonymous manner – in our internal analysis of traffic patterns within our website. This information is automatically logged by most websites. The Proquakker, Inc. may also use a third party to collect information, including through the use of web beacons.

 

This privacy policy identifies the categories of personally identifiable information that our company collects through our web site or online service, about individual consumers who use or visit our company's commercial web site or online service and the categories of third-party persons or entities with whom our company may share that personally identifiable information.

 

Our company does not maintain a process for an individual consumer who uses or visits our commercial web site or online service to review and request changes to any of his or her personally identifiable information that is collected through our web site or online service.

 

See the section below entitled "Revisions to this Policy" for a description of the process by which our company notifies consumers who use or visit our commercial web site or online service of material changes to our company's privacy policy for this web site or online service.

 

The effective date of this privacy policy is listed at the end of this privacy policy under the heading, "Last updated."

 

For the purposes of this policy and California compliance the following definitions apply:

 

Depending on the visitor's activity, in our commercial web site or online service, the following "personally identifiable information" may be collected, in addition to information set forth in other sections of this document.

 

The term "personally identifiable information" means individually identifiable information about an individual consumer collected online by our company from an individual and maintained by our company in an accessible form, and may include any of the following:

 

A first and last name.

A home or other physical address, including street name and name of a city or town.

An e-mail address.

A telephone number.

A social security number.

Any other identifier that permits the physical or online contacting of a specific individual.

Information concerning a user that the web site or online service collects online, from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy.

 

"Cookies" and How Our Company Uses Them

A "cookie" is a small data file that can be placed on your hard drive when you visit certain web sites. Our company may use cookies to collect, store, and sometimes track information for purposes stated herein as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.

 

Most website browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable the receipt of cookies from our website, you may not be able to use certain features of the site. Visit www.aboutcookies.org to learn about how to delete and control cookies using the mail browser types.

 

Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

 

Our company may use Remarketing with Google Analytics, Adroll, and Facebook to advertise online.

 

Third-party vendors, including Google, may show our ads on sites across the Internet.

 

We, along with and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to our website.

 

We may also use data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics, to create educational and marketing content geared toward the demographics and interests of our visitors.

 

You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google's Ads Settings at https://www.google.com/settings/ads. You can also use Google's Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout/

 

Our Company Commitment to Children's Privacy Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our web site to persons eighteen years or older.

 

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT AND IS NOT MONITORED AS DOING SO.

 

Public Forums

Please remember that any information you may disclose in any Subscriber Directory, or other public areas of our web sites or the internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

 

Our Company's Commitment to Data Security

Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" form illegally obtaining this information.

 

In the Event of Sale or Bankruptcy The ownership of The Proquakker, Inc. may change at some point in the future. Should that occur, we want this site to be able to maintain a relationship with you. In the event of a sale, merger, public offering, bankruptcy, or other change in control of The Proquakker, Inc. your information may be shared with the person or business that owns or controls this site. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.

 

Where to Direct Questions about Our Privacy Policy

If you have any questions about this Privacy Policy or the practices described herein, you may contact us through the contact information provided on this web site.

 

Revisions to This Policy

Our company reserves the right to revise, amend, or modify this policy, our Terms of Use and Service, and our other policies and agreements at any time and in any manner, by updating this posting. Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of these changes. Please consult this privacy statement prior to every use for any changes.

 

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