Terms of service

The following describes the terms on which TowBird.com offers you access to our sites, services, applications, and tools.

By accessing or using the TowBird website, the TowBird service, or any applications made available by TowBird (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by TowBird. These Terms of Use, affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

OWNERSHIP AND PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

Qccun.com is protected by Intellectual Property and other Laws. Therefore the TowBird (Software) contains proprietary and confidential information that is protected under these applicable laws. You further acknowledge and agree that content contained in advertisements or information presented to you through TowBird.com or by advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by TowBird or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the TowBird services, such Content or the Software, in whole or in part.

CHANGES TO THIS AGREEMENT

We'll inform you if we intend to change this agreement. We may change the terms of this agreement if: (i) it is necessary due to applicable law, including, but not limited to, a change of such law; (ii) it is necessary due to an advice and/or order based on applicable law; (iii) the equivalence ratio between service and consideration is disordered; (iv) it is necessary from a technical point of view; (v) it is necessary to ensure the operation of the services; or (vi) the terms will be changed to the advantage of the user. We'll inform you of the intended change before it takes effect, either through the user interface, in an email message, or through other reasonable means.

PRIVACY POLICY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use information only as described in the TowBird Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information in our secured servers and as such, they are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your account. We use third parties to verify and certify our privacy principles. A complete description of how we use and protect your personal information can be found in TowBird Privacy Policy. If you object to your information being transferred or used in this way, please do not use our services.

LICENSE GRANT TO ACCESS CONTENT ON OUR SITE

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, TowBird grants you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the TowBird Services. This license does not include any resale or commercial use of any TowBird Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any TowBird Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by TowBird or its licensors, suppliers, publishers, or other content providers. No TowBird Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TowBird. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of without TowBird express written consent.

CUSTOMER SERVICE

As part of its strategy to enhance sustainable customer partnership and accountability in its services, any queries regarding the related services of TowBird should be submitted to our website at TowBird.com and a response will be forthcoming within 48 hours.

ACCESS TO THE SITE AND SERVICES

You are responsible for paying all fees and applicable taxes associated with our sites, services, applications, and tools with a valid payment method by the payment due date. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.

TRANSACTIONS/TRANSMISSIONS/STORAGE/NO AUTOMATED QUERYING

TowBird presently doesn’t have a system in place to limit transactions, transmissions or level of storage used in connection with its Services. However TowBird reserves the rights to set such limits in its sole discretion, at any given time.

Additionally, sending Queries of any sort to the site requires advance written permission from TowBird. Note that “sending automated queries” includes, among other things:

Using any software which sends queries to our sites to determine how a website or webpage “ranks” for various queries;

“Meta-searching”; and

Performing “offline” searches on the Site.

LINKS TO, AND RESOURCES/DATA FROM, OTHERS

The information placed on TowBird is from our customers and visitors. A central part of the Site and the Services include links to other institutions and individual resources and information (including gadgets and limited personal information) provided by subscribers. Because TowBird has no control over such subscribers and their resources and inputted information, you acknowledge and agree that TowBird and its parent company are not responsible for the credibility of such external data or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials such as data inputted by subscribers on TowBird. You further acknowledge and agree that TowBird shall not be responsible or liable, directly or indirectly, for any damage or loss caused by, or in connection with use of or reliance on any such content, goods or services available on or through TowBird. Finally, you acknowledge that such external data and third-party tools usually have their own terms and conditions, including privacy policies, over which TowBird has no control and which will govern your rights and obligations with respect to the use of such.

YOUR CONTACT WITH ADVERTISERS OR THIRD-PARTY VENDORS

You may be able to access third-party websites or services via the services that aren't controlled or published by TowBird. TowBird isn't responsible for third-party websites, services or content available through the services. You are solely responsible for your dealings with third-parties (including advertisers). Your use of third-party websites or services may be subject to that third-party’s terms and conditions.

COMPLIANCE WITH LAWS/RESTRICTIONS IN USE

You agree to comply with all applicable laws regarding your use of our Site and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the country in which you reside.

You agree that you will not: (a) use the Site or the Services in any manner that harms us or the parties with which we contract; (b) modify or reroute the Site or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the Site or the Services, including associated networks, or otherwise impair anyone's use of the Site or the Services.

PASSWORDS AND SECURITY

If you use any TowBird Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the TowBird Services only with involvement of a parent or guardian. TowBird reserves the right to refuse service, terminate accounts, remove or edit content, in its sole discretion.

PROVISION OF USER CONTENT

Visitors may post reviews, comments, photos, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. TowBird reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant TowBird a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant TowBird and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TowBird for all claims resulting from content you supply. TowBird has the right but not the obligation to monitor and edit or remove any activity or content. TowBird takes no responsibility and assumes no liability for any content posted by you or any third party.

INFORMATION DISCLAIMER AND DISCLAIMER OF WARRANTIES

The TowBird services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the TowBird services are provided by TowBird on an "as is" and "as available" basis, unless otherwise specified in writing. TowBird makes no representations or warranties of any kind, express or implied, as to the operation of the TowBird services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the TowBird services, unless otherwise specified in writing. You expressly agree that your use of the TowBird services is at your sole risk.

To the full extent permissible by applicable law, TowBird disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TowBird does not warrant that the TowBird services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the TowBird services, TowBird’s servers or electronic communications sent from TowBird are free of viruses or other harmful components. TowBird will not be liable for any damages of any kind arising from the use of any TowBird service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any amazon service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

LIMITATION OF LIABILITY

You understand and agree that TowBird is not liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, incidental, special, consequential, exemplary or punitive damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from: (1) the use of, or the inability to use, the site or the services; (2) the cost of procurement of substitute services, goods or and web site; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on our site; (5) reliance on content or postings on our site; or (6) any other matter relating to our site or the services. These limitations will apply whether or not TowBird has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

Some jurisdictions do not allow the limitation or exclusion of liability for indirect, incidental, special, consequential, exemplary or punitive damages, so some of the above limitations may not apply to you and our liability will be limited to the maximum amount permitted by law.

TRADEMARK NOTICES

The images referenced, made accessible or made available to you on the Site or by means of the Services are protected by the copyright and trademark laws of varying countries worldwide. Although you are permitted to locate and access the images through the Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site. TowBird cannot give you authorization to use the copyrighted images. TowBird cannot guarantee that a search will not locate unintended or objectionable content and TowBird accepts no responsibility or liability for the content of any site included in any search results or otherwise linked to by the Services, or for your use of such content.

LIMITATION OF ACTIONS BROUGHT AGAINST TowBird

You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within three months after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by TowBird to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

SEVERABILITY OF THIS AGREEMENT

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

LIMITATION OF ACTIONS BROUGHT AGAINST TowBird

CONTACT INFORMATION

If you have any questions or concerns with respect to this Agreement or our Site, you may contact a representative of TowBird by email at info@TowBird.com