qbahelp TERMS OF SERVICE
- ACCEPTANCE OF TERMS OF SERVICE
1.1 Welcome to qbahelp, Inc. (“we” “us” “our” or “qbahelp”).
1.2 Your use of any of qbahelp’s Web sites, services, application programming interfaces (“APIs”) or software (collectively, the “qbahelp Service”) is subject to these terms of service (the “Terms of Service”) in effect at the time of your use. qbahelp reserves the right to update and change these Terms of Service from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these Terms of Service will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and qbahelp as of the date the changes take effect and (ii) qbahelp has actual notice of the dispute as of the date the changes take effect.
1.4 Your use of the qbahelp Service is also subject to the qbahelp Community Guidelines in effect at the time of your use, which are incorporated herein as though set forth in full. You can review the most current version of the qbahelp Community Guidelines.
1.5 Your use of the qbahelp APIs is also subject to the qbahelp API Terms of Service in effect at the time of such use your use, which are incorporated herein as though set forth in full. You can review the most current version of the qbahelp API Terms of Service.
1.6 Your use of the qbahelp Service may also be subject to additional terms, conditions, policies and/or agreements applicable to a specific Web site, service, API, software, service level or version. In the event of any conflict between these Terms of Service and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in these Terms of Service regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these Terms of Service will control.
1.7 By signifying your acceptance of these Terms of Service or making any use of the qbahelp Service, you signify your irrevocable acceptance of these Terms of Service in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use the qbahelp Service, then you represent and agree that you have the authority to accept these Terms of Service on behalf of such corporation or other legal entity and that all provisions of these Terms of Service will bind that corporation or other legal entity as if it were named in these Terms of Service in place of you.
- YOUR ACCOUNT
2.1 The qbahelp Service is not intended for users under the age of thirteen (13). By signifying your acceptance of these Terms of Service or making any use of the qbahelp Service, you represent and warrant that you are at least thirteen (13) years of age.
2.2 qbahelp can refuse registration of, or cancel, any account in its sole discretion, at any time.
2.3 Your account will be accessed through a user ID and password that you will create (your “Credentials”). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are fully and solely responsible for all activities that occur under your Credentials, whether authorized by you or not. It is your responsibility to take adequate precautions with your Credentials and to immediately notify qbahelp of any unauthorized use of your Credentials.
2.4 Using your account, you may access and participate in the qbahelp Service, including viewing, posting and responding to communications on and through the qbahelp Service.
- CONTENT AND INTELLECTUAL PROPERTY
3.1 Your own text, images, audiovisual media and any other form of intellectual property, including the data, ideas, inventions, designs, patterns and processes in such material (collectively, “Content”) that you post on or through the qbahelp Service belongs to you and you may use it in any other way without restriction. But by using the qbahelp Service, you are granting qbahelp and certain third parties permission to use your Content as described in these Terms of Service.
3.2 By using the qbahelp Service, you are granting qbahelp a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your Content on and through the qbahelp Service and on and through services affiliated with qbahelp, regardless of the form of media used or of whether such services now exist or are developed in the future. If you post Content on or through the qbahelp Service, you represent and warrant that you have the right to post that Content and to grant the above rights to qbahelp.
3.3 qbahelp may preserve your Content and may also disclose such Content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that your Content violates the rights of any third party; or (d) protect the rights, property, or personal safety of qbahelp, its users and the public.
3.4 You understand that posting your Content on or through the qbahelp Service is entirely voluntary and will expose your Content to public display in a non-confidential manner. You understand that qbahelp and/or any past, present or future client of qbahelp (each, a “Client”) may view your Content and may develop or have developed Content which is identical or similar to yours, may already know of such Content from other sources or may have taken or will take some other action with respect to such Content. Therefore, you represent and agree to all of the following and acknowledge that qbahelp and its Clients are explicitly relying on such representations and agreement with regard to your Content:
3.4.1 The Content represents your own original work and you have all necessary rights to disclose the Content. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed by the Content being viewed and used as described in these Terms of Service.
3.4.2 Your disclosure of the Content does not violate a confidential relationship with any third party, establish a confidential relationship with qbahelp or any of its Clients or obligate qbahelp or any of its Clients to treat your Content (or any related materials) as secret or confidential.
3.4.3 qbahelp and/or any of its Clients may give your Content such consideration as is warranted by their respective judgments. Review of your Content shall not be construed as any recognition of the novelty or originality of the Content. Neither qbahelp nor any of its Clients is obligated to give reasons for making use of or rejecting your Content or to reveal its activities that are related to your Content.
3.4.4 Neither qbahelp nor any of its Clients has any obligation, either express or implied, to make any use of your Content. However, if qbahelp and/or any of its Clients do make use of your Content, whether such use is intentional or inadvertent, no compensation will be due to you or anyone else for the use of your Content or the use of any data, ideas, inventions, designs, patterns and/or processes similar to, related to or derived from your Content.
3.4.5 Neither qbahelp nor any of its Clients assumes any obligation with respect to any of your Content except as set forth in these Terms of Service, unless and until it enters into a separate written contract with you, and then only as expressed in that separate written contract. In the absence of a separate written contract, your rights with regard to qbahelp or any of its Clients’ user of your Content shall be as described in these Terms of Service and as existing under the patent laws of the United States.
3.4.6 If your Content is the subject of a pending or issued patent, you have disclosed or will disclose that fact in connection with posting your Content on or through the qbahelp Service. To the extent you hold a patent in the Content, no license under any patent is herein granted. Any license to use patented Content shall be in the form of a separate written contract, in which event your, qbahelp’s and/or any of its Clients’ respective obligations shall be only those expressed in such separate written contract.
3.4.7 Neither the discussion or negotiations between you, on the one hand, and qbahelp and/or any of its Clients, on the other hand, relating to the possible purchase or license of your Content, nor the making of any offer for the purchase or license of your Content, shall prejudice qbahelp and/or any of its Clients in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of your Content. Further, qbahelp’s and/or any of its Clients’ consideration, discussions or negotiations with you will not in any way impair qbahelp’s and/or any of its Clients’ right to contest the validity or infringement of your rights in and to the Content.
3.4.8 You hereby irrevocably release and forever discharge qbahelp and its Clients and their affiliates and subsidiaries (together, the “Released Parties”) from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against the Released Parties or their respecting successors and assigns with respect to the Content, including without limitation in respect of how the Released Parties, directly or indirectly, use the Content, with the sole exception that the foregoing release and discharge does not apply to your right to bring a claim of patent infringement arising from use of your Content.
3.5 Content posted by another person or company on or through the qbahelp Service belongs to the poster. Except as expressly permitted in these Terms of Service, you do not have the right to use, reproduce, create derivative works of, distribute, publicly perform or publicly display any Content that does not belong to you, other than viewing of the Content on or through the qbahelp Service as qbahelp may make available.
3.6 qbahelp owns the qbahelp Service as a whole, including all computer code, graphics, user interfaces and audiovisual content used to provide the qbahelp Service, and the combination of all the elements on the qbahelp Service. The qbahelp Service as a whole, the computer code of the qbahelp Service, the user interface and graphic elements are all copyrighted works of qbahelp. Various other aspects of the qbahelp Service may be protected by intellectual property laws including laws of copyright, trademark, service mark, patent and trade secret.
3.7 qbahelp owns all right, title and interest in and to the qbahelp Service. qbahelp reserves all rights to the qbahelp Service that are not expressly granted herein. By way of example only, and not limitation, you do not have the right to modify, adapt, translate, or reverse engineer any portion of the qbahelp Service and you do not have the right to index or aggregate any portion of the qbahelp Service (either by hand or by means of a robot, spider, or other device). Nothing in this Agreement will be construed as granting you any property rights in the qbahelp Service or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the qbahelp Service.
- CODE OF CONDUCT
4.1 qbahelp has the right, but not the obligation, to remove or block Content from the qbahelp Service that it determines in its sole discretion to be in violation of these Terms of Service, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property or that is detrimental to the quality or intended spirit of the qbahelp Service. qbahelp also has the right, but not the obligation, to limit or revoke the use privileges of the account of anyone who posts such Content or engages in such behavior.
4.2 qbahelp will use common sense and business sense regarding Content or behavior allowed on or through the qbahelp Service. Examples of unacceptable Content or behavior include:
4.2.1 Abuse, harassment, threats, flaming or intimidation of any person or organization.
4.2.2 Engaging in or contributing to any illegal activity or activity that violates others’ rights.
4.2.3 Use of derogatory, discriminatory or excessively graphic language.
4.2.4 Providing information that is false, misleading or inaccurate.
4.2.5 Hacking or modifying the qbahelp Service or another Web site to falsely imply an association with qbahelp.
4.2.6 Implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization.
4.2.7 Transmitting worms, viruses or harmful software.
4.2.8 Sending unwanted messages to other users (aka “spam”).
4.2.9 Disclosing personal or proprietary information of another person or organization.
4.3 qbahelp cannot and need not control all Content posted by third parties on or through the qbahelp Service, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the qbahelp Service you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and you agree that under no circumstances will qbahelp be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You understand that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content. If you would like to report objectionable materials, you may use the flagging feature by clicking the “Inappropriate” link attached to every topic post and reply. Urgent issues can be reported to [email protected]
- INTERNATIONAL USE
5.1 The qbahelp Service is hosted in the United States. If you use the qbahelp Service from outside of the United States, you acknowledge that you are voluntarily transferring information (potentially including personally-identifiable information) and Content to the United States and agree that qbahelp’s collection, use, storage and sharing of your information and Content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
5.2 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
- COPYRIGHT INFRINGEMENT
6.1 Copyright Infringement Notices. If you believe that any material available on or through the qbahelp Service violates your copyright, you may send qbahelp a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit qbahelp to locate the material. qbahelp requests that complete URLs for each instance of the allegedly infringing material be provided.
Information reasonably sufficient to permit qbahelp to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your written copyright infringement notice must be sent to qbahelp’s designated copyright agent via mail or email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
6.2 Copyright Abuse Policy. qbahelp will terminate, in appropriate circumstances, account holders of qbahelp’s system or network who are repeat copyright infringers.
6.3 Designated Copyright Agent.
Techlee Web services
Saryu nagar lucknow road
Bahraich , UP 271801
By email: [email protected]
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the qbahelp Service. The Copyright Agent will not respond to any other inquiries.
- CANCELLATION AND TERMINATION
7.1 qbahelp, in its sole discretion, may terminate your password and/or account and remove and discard any Content within the qbahelp Service for any reason, including and without limitation lack of use, or if qbahelp believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at qbahelp’s discretion, will be terminated as well.
7.2 qbahelp, in its sole discretion and at any time, may discontinue providing the qbahelp Service, or any part thereof, with or without notice. Any termination of your access to the qbahelp Service under any provision of these Terms of Service may be effected without prior notice. qbahelp may immediately deactivate or delete your account, as applicable, and all related information and Content and bar any further access to such information, Content or to the qbahelp Service. qbahelp will not be liable to you or any third party for any termination of your access to the qbahelp Service.
7.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and Content in your account or that you have stored on the qbahelp Service may be, but is not required to be, deleted by qbahelp. qbahelp will have no liability for information or Content that is deleted due to the cancellation or termination of your account for any reason.
7.4 If you are a member of a private community, and that private community is cancelled or terminated, Content posted to that private community will no longer be available to you. Such Content may be, but is not required to be, deleted by qbahelp. qbahelp will have no liability for information or Content that is deleted due to the cancellation or termination of a private community.
- ADDITIONAL TERMS APPLICABLE ONLY TO CLIENTS
8.1 If you are a Client of the qbahelp Service, the following terms also apply to you.
8.2 Subscriptions to the qbahelp Service may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the qbahelp Service may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at qbahelp’s discretion.
8.3 In order to subscribe to the qbahelp Service, you may be required to provide qbahelp with billing and account information (“Billing Information”) for a credit card, payment card or another payment system for which you are authorized to approve charges (each, a “Payment Source”) to allow qbahelp to collect payment from you for your use of the qbahelp Service. You must provide qbahelp with true, accurate, current and complete Billing Information and maintain and promptly update your Billing Information to keep it true, accurate, current and complete.
8.4 Unless other payment arrangements have been made in advance and confirmed by qbahelp, you authorize qbahelp to automatically and immediately bill your Payment Source when charges for your use of the paid version of the qbahelp Service are due, without any further action on your part or other prior notice on the part of qbahelp. You assume full responsibility for such charges, even if such charges are declined or not paid by your Payment Source.
8.5 If you register to use a paid version of the qbahelp Service on a free-trial basis and you do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, your account will be automatically converted to a paid account and, unless other payment arrangements have been made in advance and confirmed by qbahelp, your Payment Source will be billed for that paid qbahelp Service.
8.6 If your Payment Source is invalid, if charges billed to your Payment Source are declined or not paid or if you fail to pay charges for a paid version of the qbahelp Service when due, your account may be downgraded, suspended or cancelled, at qbahelp’s discretion. If your account is suspended, qbahelp may, but is not obligated to, maintain your account and/or related content and information, in order to allow you pay the past-due charges and restore your account. If the charges are not paid, your account may be cancelled.
8.7 Unless stated to the contrary, all charges for paid versions of the qbahelp Service are non-refundable, even if your use of the paid version of the qbahelp Service is cancelled before the end of your current billing period.
8.8 Unless stated to the contrary, all currency references in paid versions of the qbahelp Service are in U.S. dollars.
8.9 In addition to any other remedies available to qbahelp, you will pay a late fee of one percent (1%) per month (or the maximum amount permitted by applicable law, whichever is less) for any late payments hereunder.
8.10 You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by qbahelp. All fees stated for use of the qbahelp Service are net of any applicable taxes.
8.11 qbahelp grants to you, commencing on the effective date of your subscription to the qbahelp Service (the “Effective Date”) and continuing thereafter for the term of your subscription (unless terminated earlier pursuant to these Terms of Service), a non-exclusive, non-transferable (except as permitted below), world-wide, limited license to make use of the then-current versions of the qbahelp Service to which you have subscribed for the purposes of creating, maintaining and administering an online community (the “Client Community”). The qbahelp Service is licensed hereby, not sold.
8.12 “Client Content” means any content owned, controlled or licensed by you. You hereby grant to qbahelp a non-exclusive, transferable, worldwide, royalty-free, limited license to reproduce, create derivative works from, distribute, perform, display and otherwise use the Client Content for the sole purpose of providing the Client Community.
8.13 “User Content” means any content uploaded to the Client Community by any user of the Client Community. To the extent of your rights in and to the User Content, you hereby grant to qbahelp a non-exclusive, transferable, worldwide, royalty-free, perpetual license to reproduce, create derivative works from, distribute, perform, display, and otherwise use the User Content (i) for the sole purpose of providing the Client Community, (ii) for use in and through qbahelp’s APIs to the extent authorized by the user of the Client Community who made the User Content available to qbahelp, (iii) for syndicating the User Content to third parties to the extent authorized by the user of the Client Community who made the User Content available to qbahelp and (iv) to retain the User Content to the extent authorized by the user of the Client Community who made the User Content available to qbahelp.
8.14 As between you and qbahelp, you are solely responsible for the acts and omissions of the users of the Client Community and you are solely responsible for managing the interaction of each user of the Client Community with the Client Community, with other users of the Client Community and with other third parties.
8.15 You will not store or transmit, nor allow any user of the Client Community to store or transmit, any Client Content or User Content on or through the Client Community that violates these Terms of Service, that violates any acceptable use policy applicable to the Client Community or that is, is alleged to be or, in qbahelp’s sole discretion, may be in violation of any law, rule or regulation or of any third party’s rights, or otherwise exposes qbahelp to any liability.
8.16 To comply with applicable laws and lawful governmental requests, to protect qbahelp’s systems and customers, or to ensure the integrity and operation of qbahelp’s business and systems, qbahelp may access, store and/or disclose any information stored or transmitted on or through the Client Community which qbahelp considers necessary or appropriate, including, without limitation, user information, IP address and traffic information, usage history, Client Content and User Content. qbahelp also reserves the right to report any activity that it suspects violates any law, rule or regulation to appropriate law enforcement officials, regulators or other appropriate third parties.
8.17 You may not assign your subscription to the qbahelp Service, and such any assignment by you will be null and void; provided, however, that you may assign your subscription to the qbahelp Service to its successor in interest in connection with the sale of your business as a going concern or in connection with the sale of all, or substantially all, of your assets.
- U.S. GOVERNMENT RESTRICTED RIGHTS
9.1 If you are an agency of the United States Government, the qbahelp Service is a “Commercial Item,” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that the qbahelp Service are trade secrets and proprietary commercial products and not subject to disclosure.
- GENERAL TERMS
10.1 These Terms of Service will remain in full force and effect while you use the qbahelp Service. Those terms that can continue to operate after you stop using the qbahelp Service (including without limitation your Content license to qbahelp and the General Terms in this Section), will survive after you stop using the qbahelp Service.
10.2 You agree to indemnify and hold qbahelp, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions in using the qbahelp Service, (ii) a claim that you, or any third party using your Credentials, infringed any intellectual property or other right of any person or organization using the qbahelp Service, or (iii) the violation of these Terms of Service by you, or any third party using your Credentials.
10.3 THE qbahelp SERVICE IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF THE qbahelp SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE qbahelp SERVICE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, qbahelp AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, qbahelp AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED IN THE qbahelp SERVICE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. qbahelp DOES NOT WARRANT THAT THE qbahelp SERVICE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE qbahelp SERVICE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM qbahelp OR THE qbahelp SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
10.4 NEITHER qbahelp NOR ITS AFFILIATES WILL BE LIABLE, UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, qbahelp’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO qbahelp FOR THE qbahelp SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) ONE HUNDRED DOLLARS ($100.00).
10.5 These Terms of Service (including any additional terms, conditions, policies and agreements incorporated herein) are the entire agreement between qbahelp and you regarding the qbahelp Service. Any dispute arising from or related to these Terms of Service will be governed by the laws of the State of California without regard to conflict of law principles. Any such dispute will be resolved through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes. The arbitration will be held in San Francisco, California. The failure of qbahelp to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and be enforceable.