Quo Inc. dba findquo.com

TERMS OF USE

These "Terms of Use" set forth the terms and conditions that apply to your use of findquo.com website and the Apple downloadable application (collectively, the "Website and iOS App"), which is owned and operated by Quo Inc, a Delaware Corporation ("Quo"). The term “website” implies to any content, services, fees and features through findquo.com and Quo’s iOS App.

As provided below, Quo may update these Terms of Use at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the Website and iOS App. Your continued use of the iOS App shall be deemed irrevocable acceptance of any such revisions. The right to use the Website and iOS App and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

General Use

The term “Agents” or “Brokers” is defined as real estate agent, broker, salesperson, or assistant using the Website and iOS App. The term “Clients” is defined as a customer of the Agent or Broker who signs up for the service through an invite from their Agent or Broker for the purpose of finding an renting or purchasing property..  “Company” is defined as Quo Inc, a Delaware company dba its agents, employees, subsidiaries, affiliates, licensors, representatives, attorneys, and their respective successors, assigns and predecessors. The site, application and services comprise an 3rd party online and in app platform through which an Agent or Broker communicates, organizes, and receives data of property listings through the local MLS and provides real estate agency advisory services to clients.

Agents and Brokers must comply with the following terms and conditions:

  • Real Estate Agents and Brokers must hold a valid state certified real estate license and must be a valid member of the local MLS/RLS organization
  • MLS/RLS Data must be kept in the Quo platform for client specific use only and not for any other use or distribution
  • Agents and Brokers may not share data or grant access to the Website or iOS App without consent from Quo Management
  • Agents and Brokers must use the platform for residential real estate advisory services only and must be in compliance with all local and state regulations, real estate license board requirements, and those of their local MLS/RLS.
  • Any illegal activity conducted on the Website and iOS App  by Agents, Brokers, or Clients will be reported to local and state authorities and result in immediate termination of access to the Website and iOS App
  • Agents and Brokers may not use the Website and iOS App to sell or profit from services other than residential real estate
  • Failure to pay monthly fees will result in immediate termination of access to the Website and iOS App
  • All profile data provided by Agents and Brokers must be accurate and up to date. Failure to do so can result in account termination
  • Quo is not responsible of the conduct or actions of Agents, Brokers, or Clients within or outside the Website and iOS App
  • Quo is not responsible for the accuracy of any listing data, contact information, or photos, or visit schedules.

Company is not responsible for unsatisfactory advisory services or for any damages incurred by an Agent or Broker from any third party contracts such as lease agreements with clients.  Company is not responsible for any damages or injury sustained by Agents or Brokers including without limitation the condition of the Properties or neighborhoods; from clients or third parties; or for any other matter relating to the Properties. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

All data, software, and documentation on Company’s Website are provided “as is” without warranty of any kind, either express or implied. Company cannot and does not warrant the accuracy, completeness, noninfringement, merchantability or fitness of any information contained on this site.

The contents of Company’s website pages, including but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Company and contain Quo Inc.’s  name, trademarks, service marks, trade names. No permission is granted here to you to use Company’s  icons, site address, or other means to hyperlink other Internet sites with any page in the Company’s website or iOS App, and Company assumes no responsibility for any other party’s site hyperlinked  to Company’s website or iOS App.

Company does not receive commission from Agents or Brokers. Agents, Brokers or Brokerages pay a licensing fee on a monthly/yearly basis for the software usage. In some instances, Agents or Brokers will receive a discount code offering the service anywhere between 1%-100% off the retail price. Agents or Brokers agree that all details provided by Agents or Brokers to Company may be retained by Company and kept confidential unless ordered to be divulged by a court of law.  Company’s services consist of providing Agents or Brokers with a communication platform, listing dashboard, property search functionality, and profile data. Quo services are only to be used for client invite only scenarios for the engagement between Agents or Brokers to clients seeking residential properties for buying or renting.

1. Services that we provide, and services that we do not provide.

The Quo (findquo.com) Website and Apple iOS App are primarily functions as a service to provide Agents/Brokers with a communication platform,  listing data dashboard, scheduling viewings, and a workflow to support closing the transaction.  Quo does not participate in any actual buy or lease transactions, including, without limitation, negotiations, discussions, or proposals. Accordingly, Quo is not responsible in any way for any actual buy or lease transaction between a potential buyer/renter and owner or other Third Party Providers.

Quo is not undertaking any, and has no, duties to either renters & buyers, including, without limitation, the obligation to inspect properties, to verify the veracity of information contained in an advertisement, or to interview or otherwise screen potential renters & buyers. Quo assumes no liability for renters & buyers failures to comply with any and all applicable laws, including federal and state civil rights and fair housing laws.

Certain information appearing on the Website may be provided directly by Third Party Providers or other third parties, and discrepancies or errors may appear. Quo does not verify any of the pricing and other information that Third Party Providers may provide, or that is otherwise posted on its Website, for accuracy, omissions, or completeness of information. You expressly waive any requirement that purports to impose on Quo an obligation to perform any services other than those expressly undertaken by Quo hereunder or under any Customer Agreement (described below). Quo may make changes to its products and/or services at any time and without notifying you or receiving your consent.

2. Third Party Providers

Pursuant to certain web links, offers, promotions, or other transactions included on the Website (each, an "Offer"), certain Third Party Providers may also offer to provide products or services that are ancillary to a residential buying or leasing transaction. Specifically, based on information that you provide to the Website, Quo may provide your information to, and suggest that you connect with, certain Third Party Providers that we think might be of interest to you. Under such circumstances, you authorize and agree that such Third Party Providers may contact you in order to provide a price quote or other information concerning an Offer.

All pricing and other terms of any sale or transaction (including pursuant to an Offer or in connection with any referrals or leads) remain subject to direct agreement between the Website user and the Third Party Provider only. Quo does not ensure, warrant, or otherwise guarantee the pricing, quality, or performance of any of the properties, products, or services provided by Third Party Providers, including to the extent provided using or through the Website, or pursuant to an Offer. Quo does not buy, sale, lease, manage, or provide access to residential properties directly, and is not a party to any transaction between Third Party Providers and users of the Website. Any and all concerns, discrepancies, or differences regarding a property or any transaction (including pursuant to an Offer) must be addressed directly with the Third Party Provider.

Neither Quo nor its principals, agents, or affiliates will be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with the performance or non-performance of any Third Party Provider, including, but not limited to, non-performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation, even if such parties have been advised of the possibility of any such damages. In the event of non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation of a Third Party Provider, you agree that your sole recourse shall be toward such Third Party Provider, and not toward Quo or its principals, agents, or affiliates.

Without limiting the generality of the foregoing, Quo assumes no liability or obligation with respect to any fee or other amount that may be paid by a Third Party Provider in exchange for any referral or lead concerning a rental property. The parties to such transaction assume any and all such obligations and liabilities, including without limitation the responsibility to ensure that such fee is paid in compliance with all applicable laws and regulations.

3. Card Services.

Certain features of the Website and/or certain services and products made available to you through the Website may allow you to purchase services or to redeem an Offer using your credit card (together with "Card Services"). Quo uses a secured third-party payment processor called Strip (stripe.com) (the "Payment Processor") to link your credit card account to the Website & iOS App (your "Card Account") for use of the Card Services. The processing of payments or credits, as applicable, in connection with the Card Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Use. Quo is not responsible for any error that occurs during any offer or special redemption process, including any error by the Payment Processor. In connection with your use of the Card Services, Quo will obtain certain transaction details, which Quo will use solely in accordance with its Privacy Policy.

4. Copyrights, Trademarks, and Patents

The materials found on the Website & iOS App are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Website are copyright © Quo Inc, all rights reserved. Permission is granted to view and print materials from the Website for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the Website, whether in electronic or hard copy form, without the express prior written permission of Quo, is strictly prohibited.

"Quo" and other trademarks and/or service marks (including logos and designs) found on the Website are trademarks/service marks that identify Quo and the goods and services that it provides. Such marks may not be used under any circumstances without the prior written authorization of Quo. No person is authorized to use, copy, or distribute any portion the Website including related graphics.

5. Third Party Services and Links to Third-Party Websites.

The Website & iOS App may permit you to link to other websites, services, or resources on the Internet (collectively, "Third-Party Sites), and other websites, services or resources may contain links to the Website. When you access Third-Party Sites, you do so at your own risk. The Website may also provide (including pursuant or in connection with an Offer) hyperlinks to Third-Party Sites as a convenience to users of the Website, including without limitation links to sites of Third Party Providers. Quo does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. Quo does not endorse, recommend, or approve any Third-Party Site. You further acknowledge and agree that Quo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such Third-Party Sites.

6. Children's Issues.

The Website is not directed for use by children under eighteen (18) years of age without adult supervision. Children under such age must not use the Website or services offered on it without adult supervision, and are not permitted to become Agents/Brokers of the Website or to otherwise submit any personally identifiable information. By visiting or using the Website or accepting these Terms of Use, you represent and warrant to Quo that you have reached the age of majority in your jurisdiction, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

7. Use of the Website & iOS App

The Website & iOS App is primarily designed to allow users the opportunity to access information about residential properties available for lease and related products and services. You represent and warrant to Quo that you have used and will use the Website in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security.

As a user of the Website, you may be required to submit certain information that will help us to provide you with information about our products, including your name, address, e-mail address, telephone number, and other information. Quo is not responsible for any information, material, or ideas submitted on the Website. More specifically, Quo does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted by users, nor does it endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the Website. Any information, materials, or idea submitted on the Website will be considered non-confidential and non-proprietary, except to the extent set forth in the Website's Privacy Policy, which you are encouraged to review, and which is incorporated herein by reference.

To the extent you are accessing any portion of the Website requiring a login ID or a password, you are responsible for all use of the Website made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify Quo and its Agents/Brokers, managers, officers, agents, and affiliates against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately.

Visitors to the Website are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the Website to: (i) advertise or offer to sell or buy any goods or services; (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications; (iii) advertise or lease property owned by another person, unless you are the duly authorized property manager, representative, or agent of the property owner, and can bind such property owner, and your representation of such person complies with all applicable laws; (iv) in a manner intended to circumvent or manipulate Quo's fee structure, billing process, or collections; (v) impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity; or (vi) provide inaccurate contact information or other information relative to your move or property. Quo does not tolerate discriminatory advertisements or other content. If we become aware of any potentially discriminatory content, the content will be removed immediately.

Users are also prohibited from violating or attempting to violate the security of the Website. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with Website service, including submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liabilities. Quo reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Although under no obligation to do so, Quo reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. Quo reserves the right to expel users and Agents/Brokers of the Website and to prevent their further access to the Website if they violate our Terms of Use. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.

When you submit postings, comments, or other content to the Website, you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant.

8. No Representations or Warranties; Limitations on Liability

The information and materials on the Website could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. QUO AND/OR ITS SUPPLIERS, AGENTS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE Website, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE Website, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL QUO OR ITS SUPPLIERS, AGENTS, OR AFFILIATES BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE Website.

QUO RELIES ON A VARIETY OF SOURCES OF DATA TO GENERATE CERTAIN INFORMATION AND REPORTS THAT IT GENERATES OR POSTS ON THE Website (INCLUDING WITHOUT LIMITATION WITH RESPECT TO RESIDENTIAL REAL ESTATE). ALTHOUGH QUO MAKES A SIGNIFICANT EFFORT TO ASSURE ACCURACY, THESE DATA SOURCES ARE NOT ALWAYS VERIFIABLE, AND DISCREPANCIES OR ERRORS MAY APPEAR. FURTHER, THE THIRD PARTY PROVIDERS ARE NOT AGENTS OR EMPLOYEES OF QUO OR ANY OF ITS PRINCIPALS, AGENTS, OR AFFILIATES. QUO DOES NOT ASSUME LIABILITY FOR ANY INJURY, DAMAGE, DEATH, LOSS, ACCIDENT, OR DELAY DUE TO AN ACT OR OMISSION OF A THIRD PARTY PROVIDER, INCLUDING, WITHOUT LIMITATION, AN ACT OF NEGLIGENCE OR THE DEFAULT OF A THIRD PARTY PROVIDER, OR AN ACT OF GOD. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OR OTHER CAUSES BEYOND QUO'S CONTROL.

If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

9. Indemnification

You agree to indemnify, defend and hold harmless Quo, and its officers, managers, Agents/Brokers, clients, employees, agents, and affiliates, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Website or your violation of any of these Terms of Use.

10. Governing Law and Jurisdiction

These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio. Any dispute related to these Terms of Use or the Website will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute you may have with respect to the Website or these Terms of Use must be commenced by you within one year after it arises.

11. Changes to These Terms of Use

These Terms of Use were last updated on December 11, 2017. Quo reserves the right in its sole discretion to improve, modify or remove any information or content appearing on the Website. Quo may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. Without limiting the foregoing, Quo reserves the right to change the Terms of Use under which this Website or mobile applications are offered at any time. We encourage you to periodically review this page to become aware of any changes. When you log-in or otherwise continue to use the Website or iOS App, you will be subject to these Terms of Use (as updated). To the extent that any modification to these Terms of Use is deemed invalid or ineffective, for any reason, the terms and conditions of these Terms of Use as in effect immediately prior to such modification shall remain in effect and shall be controlling.

12. Entire Agreement

These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and Quo, and such Terms of Use govern your use of our Website and iOS App, superseding all prior or contemporaneous agreements, understandings, or representations. You also may be subject to additional terms, conditions, and agreements concerning your use of specific Quo products and services (in each case, a "Customer Agreement"). In the event of any conflict or ambiguity between these Terms of Use and your specific Customer Agreement, the terms of your Customer Agreement will prevail.

13. Quo Launch Free Trial

Some Agents or Brokers may receive a promotional free trial.  The trial period may be voided at anytime at the discretion of Quo. Quo has no obligation to provide advance notice of such a change in the promotion. The promotional trial is non-transferrable and has no cash value.

14. Contact Information

Questions or comments regarding the Website or these Terms of Use should be sent by e-mail to hello@findquo.com or by U.S. Mail to Quo Inc, 6575 Dorset Lane, Solon, Ohio 44139. You can also submit a comment through the "contact us" portion of our Website.