Terms and Conditions

TERMS AND CONDITIONS FOR MEMBER SERVICES ON VISITQUEST.COM

The term of agreement for visitQuest.com Member Services shall be continuous until termination

1. DEFINITIONS
a. The words, "you", and "yours" refer to the Member/Customer/Sponsor. The words "we" and "ours" refer to visitQuest.com (and/or An Internet Store.)

b. Program means any and all program applications developed by visitQuest.com or 
any of its subcontractors for the kiosk network.

2. ORDER ACCEPTANCE

All orders you place with us shall be subject to our acceptance. You must accept all Terms and Conditions here and on your agreement by signing/submitting your Membership Agreement.

3. PAYMENT

a.  Payments are due as specified in your Membership Agreement in the manner in which is set up for your account.

b.  Member agrees to pay the full amounts specified in this agreement. Payments made on a continuous basis until termination is made in accordance to the terms of this agreement. member is also responsible for any additional fees as a result of returned checks, insufficient funds on accounts, or other fees associated with payments made or to be made under this agreement.

c.  Required Pre-Payments: member is responsible for pre-payment of all fees as applicable, including all setup charges, membership design fees, minimum contract term fees, or other fees as noted in this agreement.

d.  Payment of remaining fees shall be made in one of the following manners:

e.  Monthly Payments. After pre-payment fees (if any) have been made, all monthly payments shall be made continuously through automatic credit card payments and shall continue until terminated by 30 days' written notice from one party to another. All fees will be due and payable for continuation to take place or until a notice of termination as described herein is given.  An authorization form for monthly payments made online through the member listing area or in writing must be completed and shall become part of this agreement.

f.   Specified Term (if applicable). Payment in full may be made for a specified terms. After the specified term of service, renewal must be made in order to continue service.

4. DEPOSIT AND CANCELLATION CHARGES

a. Any deposits and payments made by you are not refundable.

b. In the event you cancel all or part of any order, fail to make timely payments, or request a rescheduling of the service, you agree to pay to visitQuest.com all amounts owed prior to notice of cancellation.

5. SERVICE PERIOD

a. The Services Period on the Agreement is an estimate only. The actual date of commencement is dependent upon deliveries of required Customer information and payments to us and shall continue until the agreed upon time period is fulfilled or renewed.

IN NO EVENT WILL VISITQUEST.COM (or its affiliates) BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY OUR FAILURE TO MEET THE ESTIMATED DELIVERY, EVEN IF VISITQUEST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.

6. ACCEPTANCE

a. Acceptance shall be accomplished using procedures established by visitQuest.com, which are applicable to the Service, or after we demonstrate that the membership term is successfully completed. If a demonstration of test procedures is delayed by more than seven (7) calendar days, except due to visitQuest.com's fault, the Services will be deemed accepted.

7. WARRANTY

OTHER THAN AS SET FORTH HEREIN, VISITQUEST.COM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

8. LIMITAITONS OF LIABILITY

VISITQUEST.COM'S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, IS LIMITED TO THE PURCHASE PRICE OR LICENSE FEE OF THE MEMBER SERVICE OR LISTING.

IN NO EVENT WILL VISITQUEST.COM BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF VISITQUEST.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST YOU BY ANY OTHER PARTY.  AS IS THE NATURE OF MEMBERSHIP, VISITQUEST.COM AND/OR AN INTERNET STORE MAKE NO CLAIMS OF ABSOLUTE MONETARY EFFECTIVENESS OF THIS FORM OF MEMBERSHIP SERVICE.

9. PROPRIETARY RIGHTS

a.  Customer agrees that all files, programs, documents and information including but not limited to the kiosk and other data pertaining to the Service, Media, Advertisement, or other Application which we provide to you under the Agreement shall be considered Proprietary information of visitQuest.com or the developers of the Service.

b.  You are granted a restrictive, nontransferable, nonexclusive license to use such Proprietary Information solely for the purpose of using the Service and for no other purpose. You shall not provide or otherwise make available any Proprietary information or copies to any third party without visitQuest.com's prior written permission and shall take appropriate action by instructions or otherwise with employees and others having access to the proprietary information to restrict and control access in accordance with this Agreement.

10. SOFTWARE / CONTENT LICENSES

a.  visitQuest.com shall retain full title and ownership of the software, programs, and membership programming installed on the kiosk and reserves the rights for all content of membership, royalty free, for use on and for the promotion of this or any other kiosk. It is the responsibility of the member to obtain all required rights of usage for all content provided by the member or its agents and to pay any royalty or copyright fees for the use of any content delivered to visitQuest.com. Member shall hold harmless visitQuest.com for the use of any material content to be used in the kiosk information.

b.  The provisions of this agreement and any Software Licenses supplied with any Software by manufacturers govern your use of the Software.

11. CHANGES AND REVISIONS

a.  The nature of visitQuest.com membership is internet website based information. Listings information can be changed by members online or by contacting visitQuest.com. Only websites and site content registered within visitQuest.com's information database can appear on the kiosks. Any links to member websites and/or site content remain in effect until notification of change or termination of services. Clients may revise their web pages at their own website as often as they wish. It is the responsibility of the client to notify visitQuest.com of any resulting broken links as a result of any changes made by the member. visitQuest.com and/or An Internet Store are not responsible for client content and may deem it inappropriate. Should member content be found as such, client membership links shall be discontinued until such time that the client remedies the content deficiencies. See Content Policy (http://visitQuest.com/new/contentpolicy.asp).

12. DEFAULT AND REMEDIES

a. visitQuest.com shall have the right to terminate this Agreement immediately should you fail to make any payments required under this Agreement or if you become bankrupt or insolvent.

b. Should visitQuest.com be forced to put you on credit hold because of a failure to pay, visitQuest.com shall have the right to cancel any orders already accepted by  visitQuest.com but not yet programmed.

c. In the event any sum of money owed by you under this Agreement is not paid when due and remains unpaid for ten (10) days, visitQuest.com may add a service charge of 1.5% per month on the amount past due, refuse to make further deliveries, and excuse any or all of its remedies under the law.

13. TERMINATION

a.  The term of membership shall be continuous unless otherwise specified in your Membership Agreement. Termination of the term of membership must be made only by a 30 days' written notice from one party to the other, and can occur only after required minimum terms of membership, if any, or other specified term of service. member shall be responsible for payment in full of all fees which are owing, regardless of termination. No reimbursements will be made for specified terms of membership if terminated by member. In the event the kiosk location becomes unavailable, visitQuest.com shall be permitted reasonable time to relocate the kiosk and/or place membership on another kiosk, or shall terminate this agreement in writing, as described herein. All fees paid in advance for monthly service only shall be reimburse to member in a reasonable time, only in the event of termination due to loss of kiosk location and the inability to move listing to another location.

14. MISCELLANEOUS

a. These Terms and Conditions as well as the Content Policy and any written contracts, are part of the complete and exclusive statement of the Agreement between member and visitQuest.com which supersedes all proposals or prior agreements, oral or written, and all other communications between member and visitQuest.com relating to the subject matter of this Agreement.

b. visitQuest.com will not be responsible if we fail to perform any obligation due to causes beyond our control.

c. Any notices, consents, objections, demands, requests or other communications required or permitted to be given pursuant to this Agreement shall be in writing, and shall be delivered personally or sent by mail to the addresses of the parties appearing on the Agreement. Notices shall be deemed to have been given when received.

d. This Agreement shall be governed by the laws of the State of California.

e. The paragraph headings of this Agreement are for convenience only and are in no way intended to affect the meaning or interpretation of any provision of this Agreement

f. Any provisions in this Agreement which are found upon judicial interpretation or construction to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remaining provisions herein.

g. The locations and distribution for your advertisement on the Kiosk(s) is specified and limited to the location(s) defined on the Agreement.

h. The time and duration of your Advertisement on the Kiosk(s) is specified and limited to duration and time specified on the Agreement.

* Term prepaid by check or credit card.  Monthly fees based on full year contract, prepaid only.  Based on 1 month minimum banner contract, prepaid by check or credit card.  Listings include a ten word maximum description and FREE map locator link.  All prices are per individual kiosk location.  Some restrictions apply.