Overview

This website is operated by Qwirkii LLC. Throughout the site, the terms “we”, “us,” and “our” refer to Qwirkii LLC. Qwirkii LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

Qwirkii.com’s Website Terms of Use

Qwirkii.com contains material that is protected by copyright, trademark, and other intellectual property laws. Unless otherwise specified, the Site and all content on the Site are intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Site except as provided in this Terms of Use. You may download material from the Site and may use the Site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not republish any content from the Site, distribute any content to others, modify, sell, or otherwise use the content or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Site. Your license to use the Site is contingent upon your compliance with these Terms of Use.

You agree to use the Site in accordance with these Terms of Use. Accessing the Site, in any manner, for the purpose of obtaining information, technical or otherwise, constitutes use of the Site such that these Terms of Use bind the party accessing the Site. Qwirkii.com may need to change these Terms of Use or impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by Qwirkii.com. However, you may not, without the prior written permission of Qwirkii.com, frame any of the content of the Site, or incorporate into another website any material from the Site.

License to Qwirkii.com

By posting messages, uploading files, or otherwise providing any material for display on the Site, you are representing that you are the owner of the material, or are making your submission with the consent of the owner of the material, all information you provide is true, accurate, current and complete and does not violate these Terms of Use. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Site, you are granting Qwirkii.com a perpetual, irrevocable, royalty-free, non-exclusive, worldwide license, with the right to use, copy, sublicense, modify, adapt, transmit, distribute, publicly perform or display such material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark or patent laws in any jurisdiction. All rights in this paragraph are granted without compensation of any sort to you.

Weather information on Qwirkii.com is provided by a national weather service that is in the public domain and is not covered by copyright protection. Qwirkii.com and its advertisers are not endorsed by or affiliated with the national weather service.

Disclaimers and Limitation of Liability

The Site include links and pointers to Internet Site, content, and services provided by third parties. Qwirkii.com’s linking to any third-party Site does not imply an endorsement or sponsorship of such Site or the information, products, or services offered on or through the Site. In addition, Qwirkii.com does not operate or control in any respect any information, products, or services that third parties may provide on or through the Site or on the Site linked to by Qwirkii.com.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

USE OF THE SITE IS AT YOUR OWN RISK. THE MATERIALS, INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, QWIRKII.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QWIRKII.COM DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE SERVICES AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION. QWIRKII.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE OR ON THIRD-PARTY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. QWIRKII.COM ASSUMES NO LIABILITY FOR THE CONTENT OF THE SITE, DOES NOT REPRESENT OR WARRANT THAT USE OF THE CONTENT WILL NOT INFRINGE RIGHTS OF THIRD PARTIES AND QWIRKII.COM HAS NO RESPONSIBILITY OR LIABILITY OF ACTIONS OF THIRD PARTIES OR FOR CONTENT PROVIDED BY OTHERS. IN NO EVENT SHALL QWIRKII.COM, ITS AFFILIATES, EMPLOYEES, AGENTS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY AMOUNT OF DIRECT DAMAGES IN EXCESS OF $100. (Since some states do not allow the exclusion or limitation of certain categories of damages, the above limitation many not apply to you. In such states, the liability of Qwirkii.com is limited to the fullest extent permitted by such state law.)

Content

The Site may contain facts, views, opinions, statements, and recommendations of third party individuals and organizations. Qwirkii.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information on the Site and use of or reliance on such advice, opinion, statement or other information is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links

Certain content, products, and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Online Commerce

Qwirkii.com may allow you to purchase many different types of products and services online that are provided by third parties. We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. As an Amazon Associate we earn from qualifying purchases. We may also participate in other select affiliate programs. Qwirkii.com is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or Site linked to by Qwirkii.com, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. Qwirkii.com has no responsibility or liability for these independent practices. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant’s home page and click on its information links or contact the merchant directly. You release Qwirkii.com and its partners, affiliates, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and content providers from any damages that you incur, and agree not to assert any claims against them arising from or relating to your purchase or use of any products or services made available by third parties through Qwirkii.com.

Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Modification to the Services and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Errors, Inaccuracies And Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

User’s Responsibilities

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

When you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Qwirkii.com or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Accuracy Of Billing And Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Interactive Features

The Site may include a variety of features, such as bulletin boards, chat rooms, and email services that allow feedback to Qwirkii.com and real-time interaction between users and other features, such as personalized homes pages and e-mail services that allow users to communicate with others. You are responsible for material that you post on bulletin boards, chat rooms, and other public posting areas on the Site. Qwirkii.com does not control or routinely review the messages, information, or files that others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Site.
  • Post or transmit any unlawful, threatening, abusive, libelous, fraudulent, false, defamatory, discriminatory, obscene, vulgar, hateful, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Post or transmit any information, software, or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
  • Post or transmit any information, software or other material that contains a virus or other harmful component.
  • Post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without the express written approval of Qwirkii.com.
  • Gather for the purpose of spamming, phishing or password harvesting email addresses that have been posted by other users of the Site.
  • Use or attempt to use another person’s account, password or services.
  • Disrupt, interfere with or otherwise violate the security of the Site or any services, accounts, passwords, servers or networks related to the Site.
  • Send repeated messages to another user or repeat postings of the same message under the same or multiple subjects.

User Comments, Feedback And Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

A Violation of the Foregoing May be Referred to Law Enforcement

You understand that Qwirkii.com has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Site through which users can supply information or material. Qwirkii.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Qwirkii.com’s sole discretion are objectionable or in violation of these Terms of Use.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, QWIRKII.COM, AND ITS PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AGENTS AND CONTENT PROVIDERS FROM ANY AND ALL CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT, AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES, ARISING FROM OR RELATING TO 1) CONTENT OR INFORMATION YOU PROVIDE; 2) QWIRKII.COM’S USE OF INFORMATION YOU PROVIDE; 3) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR PASSWORD ACCOUNT, EVEN IF NOT POSTED OR TRANSMITTED BY YOU; AND 4) ANY VIOLATION OF THIS TERMS OF USE BY YOU.

Termination

Qwirkii.com may terminate or restrict your use of the Site or any part of the Site at any time for any reason without notice. In the event of termination, you are no longer authorized to access the part of the Site affected by such termination or restriction.

Miscellaneous

This Terms of Use constitutes the entire agreement between Qwirkii.com and you, with respect to the subject matter contained in this Terms of Use, and supersedes all previous and contemporaneous agreements, proposals, and communications, written or oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. Qwirkii.com may transfer its rights and obligations under the Terms of Use at any time without notice.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any of its conflicts of law provisions. You agree that any cause of action relating to your use of the Site must be filed in the state or federal courts located in Florida.

Severability

If any provision of these Terms of Use shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions. Any failure of Qwirkii.com to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Use for any reason, the provisions entitled License to Qwirkii.com, Disclaimers And Limitation Of Liability, Indemnification, Interactive Features, and other provisions for which survival is equitable or appropriate, shall survive.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy for additional information.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Changes To Terms and Conditions

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be sent to us via this form.