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TERMS OF SERVICE AGREEMENT

Thank you for using QwikSupply (the “Application”), owned and operated by Qwiksupply, Inc. (“Company”) a Delaware business corporation. The following Terms of Service (the “Terms of Service”) is made between the Company and any person (“User” or “You”) who downloads the Application through either the Apple iTunes Store, Amazon Appstore for Android or Google Play, or utilizes the application via the QwikSupply Web Portal (Collective referred to as “Third Parties” or “Third Party”). Company and User are collectively referred to as the “Parties.”

The Terms of Service govern User’s use of Company’s Application (as hereinafter defined). These Terms of Service create a binding legal agreement between you and Company regarding User’s use of the Application. User’s access to the Application is subject to these Terms of Service. Company reserves the right to suspend or terminate accounts used for activity prohibited by these Terms of Service. Company additionally reserves the right to update and change the Terms of Service by posting updates and changes to the Application. User is advised to check the Terms of Service from time to time for any updates or changes that may impact User.

BY CLICKING THE ACCEPTANCE BUTTON OR OTHERWISE ACCESSING, USING, USER EXPRESSLY AGREES TO AND CONSENTS TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF USER DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, COMPANY WILL PROMPTLY CANCEL THIS TRANSACTION AND USER MAY NOT ACCESS, OR USE. IF USER ACCEPTS THIS AGREEMENT ON BEHALF OF AN ENTITY, USER REPRESENTS AND WARRANTS THAT SUCH USER HAS THE REQUISITE AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT; IN SUCH EVENT, “USER”, “YOU” AND “YOUR” SHALL REFER TO BOTH THE INDIVIDUAL USER AND THE ENTITY.PLEASE BE ADVISED THAT THIS USER AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED (SEE DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY AND LEGAL DISPUTES PROVISIONS BELOW).

About QwikSupply:

QwikSupply is an application that allows users to sell and buy certain construction materials in a variety of pricing formats and locations. The actual contract for sale is directly between the seller and buyer.

While we may provide pricing, shipping, listing, and other guidance in our services, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, QwikSupply has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.



  1. Acknowledgement.
    1. Acknowledgement. You acknowledge that the Terms of Service is concluded between You and the Company, and not with Third Parties. You have acknowledged that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) not listed on any U.S. Government list of prohibited or restricted parties.
    1. Product Claims. The Company acknowledges that it, not Third Parties, are responsible for addressing any claims of the User or any outside party relating to the User’s possession and/or use of that Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  1. Maintenance and Support. The Company is solely responsible for providing any maintenance and support services with respect to the Application, or as required under applicable law. The Company acknowledges that Third Parties have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  1. Usage.
    1. Non-exclusive; Non-Commercial use. The Application is offered to you on a non-exclusive basis for your sole, personal, non-commercial use.
    1. Majority. To use the Application, you must have reached the age of majority in the state or country in which you reside, be no less than eighteen (18) years of age, be fully able and competent to enter into and abide by the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and be able to abide by and comply with these Terms of Service.
    1. No Illegal, Unintended or Unauthorized Use. You may access the Application solely for the intended purposes of the thereof, through the normal functionality of the same. You may not use the Application for any illegal or unauthorized purposes. You may not use the Application in a way that could damage its content or impair its operation in any way. You agree not to access, or attempt to access, any portion of the Application by any means other than through the interface that is provided by Company, unless you have been specifically allowed to do so by the Company in a separate written agreement. You specifically agree not to access, or attempt to access, any portion of the Application through any automated means, including use of scripts or bots. You also understand that by using the Application you may be exposed to content created by outside parties, including but not limited to content created by advertisers, or content that you might find offensive, indecent or objectionable.
    1. Company’s Content. Company owns and retains all right, title and interest in and to the Application, and all related technology, materials, data, tools, widgets, user activity reports, intellectual property, programming, development and design, including but not limited to the front-end and back-end systems, visual design, Internet Application and accompanying databases. These Terms of Service do not transfer any ownership rights in any of the foregoing to you or any outside party. All of the content on the Application including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, designs, trademarks, service marks, trade dress and logos contained herein (marks), are owned by or licensed to Company, subject to copyright and other intellectual property rights under the law. Content, data, information, and other materials on the Application or furnished through the Application is provided to you on an "as is" basis for User’s information and personal use only and may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective rights holders.
    1. Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:
        1. iOS – Apple
  1. These Terms of Use are an agreement between you and QwikSupply, and not with Apple. Apple is not responsible for the Application and the content thereof.
  2. QwikSupply grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple's subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.
      1. Windows - Microsoft
  1. Terms of Use are an agreement between you and QwikSupply, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
  2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
  4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, "Disclaiming Distributors") give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
        1. BlackBerry – Research in Motion
  1. This Application uses network services and may incur additional network data charges (including additional charges when roaming).
  2. To the extent permitted under your local laws, Research in Motion E-Commerce (Inc., Corp. & S.a.r.l.), the telecommunications carriers over whose network this Application is distributed (if applicable), and any third party merchant of record acting as a merchant of record for any transaction associated with this Application (collectively, "Disclaiming Parties") exclude any liability whatsoever in relation to the Application including without limitation in relation to the sale, distribution or use thereof, or the performance or non-performance of the Application.
  3. The Disclaiming Parties are third party beneficiaries of this section entitled "Blackberry – Research in Motion" of the Privacy Policy and Terms of Use, and, upon your acceptance, the Disclaiming Parties as third party beneficiaries thereof will have the right (and will be deemed to have accepted the right) to enforce the terms of this section against you.
    1. User Accounts. In order to access certain features of the Application, you may be required to create and/or log into a user account of User’s own. Use of another's account is not permitted. When creating and account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your account. You are also responsible for maintaining the security of your account password, as well as the passwords of any outside party services that you may have elected to link to your account. You agree to notify Company immediately of any breach of security or unauthorized use of your account. Company reserves the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
    1. User Content. The Application may provide you with the ability to post comments or share content (“User Content”). You grant to Company a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on the Application. In addition, you represent, warrant and agree that you own or have all licenses and rights to use and to authorize Company to enable, use, display, and distribute User Content. Company reserves the right to remove any material you post at any time and for any reason. User Content that constitutes inappropriate or illegal behavior, including without limitation, abusive, defamatory, obscene, or racist comments, or posts that violate local rules regarding online conduct are strictly prohibited. Company reserves the right to take down all such User Content. Company further reserves the right to take down User Content that is reported as spam or User Content that creates technical issues.
    1. Vendors Rules. When listing an item, you agree to comply with QwikSupply's rules for listing and Selling Practices policy and that:
      1. Vendors are solely responsible for the accuracy and content of the listing and item offered. As a Vendor, it is your responsibility to review the content of your listings for accuracy and that you will not attempt to hold our catalog providers or us responsible for inaccuracies.;
      2. Content that violates any of QwikSupply’s policies may be deleted at in its sole discretion;
      3. We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
        1. buyer's location, search query, browsing site, and history;
        2. item's location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
        3. Vendor's history, including listing practices, Detailed Vendor Ratings, QwikSupply policy compliance, Feedback, and defect rate; and
        4. number of listings matching the buyer's query.
      1. To drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
      2. We may provide you with optional recommendations to consider when creating your listings. Such recommendations may be based on the aggregated sales and performance history of similar sold and current listings; results will vary for individual listings. To drive the recommendations experience, you agree that we may display the sales and performance history of your individual listings to other Vendors.
    1. Buyer’s Rules.
  1. You are responsible for reading the full item listing before making a purchase or commitment to buy;
  2. You enter into a legally binding contract to purchase an item when you commit to buy an item;
  3. You agree that any return policy should a Vendor have one is sole by and between the Vendor and the buyer and QwikSupply does not offer any form of returns;
  4. We do not transfer legal ownership of items from the seller to the buyer; and
  5. While we try to offer reliable data, we cannot promise that the catalogs or other content provided through the Services will always be available, accurate, complete, and up-to-date. As a buyer, you agree that QwikSupply is not responsible for examining or warranting the listings or content provided by third parties through the Services, and that you will not attempt to hold us liable for any inaccuracies. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings included within the catalogs and not to create any derivative works based on catalog content (other than by including them in your listings).
    1. Local Rules. You hereby agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data from the country in which you reside. Company may remove content and accounts containing content that Company determine in Company’s sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any outside party’s intellectual property or other legal rights.
  1. Copyright Policy. It is Company’s policy to comply fully with the Digital Millennium Copyright Act and other applicable intellectual property laws (collectively the "Act"). This paragraph lists Company’s requirements under the Act for notice of copyright infringement and for responses to such a notice if you or your materials are allegedly infringing. As explained in more detail below, the Act requires the removal or disabling of access to content claimed to be, or reasonably determined by Company, the subject of infringing activity. If the Act requires content to be removed from Company’s Application, Company will promptly remove the content.
    1. Copyright Agent. Company has appointed and registered The Wagoner Firm as Company’s copyright agent (the “Copyright Agent”) to receive notifications of claimed infringement. Company’s Copyright Agent can be contacted by mail at: 8 Thurlow Terrace, Albany, NY 12203, Att. Matthew Wagoner, Copyright Agent, Matthew Wagoner, by email at: matt@thewagonerfirm.com, or by telephone at: 1 (518) 400-0955.
    1. Notice of Copyright Infringement. If you believe that content on the Application violates any of your exclusive rights under Act, you must send a written communication to Company’s Copyright Agent, which includes, at a minimum, the following:
      1. Identification of the copyrighted work(s) claimed to have been infringed.
      1. Identification of the material(s) claimed to be infringing or claimed to be the subject of infringing activity, along with reasonably sufficient information to permit Company to locate the material.
      1. Information reasonably sufficient to permit Company to contact you, such as address, telephone number and, if available, an e-mail address.
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      1. The following statement: "I have a good faith belief that the use of materials described above is not authorized by the copyright owner, its agent, or the law."
      1. The following statement: "The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Upon receipt of a notice of infringement, Company will respond to and remove, or disable access to, the material that is legitimately claimed to be infringing or to be the subject of infringing activity as required by the Act. Company’s Copyright Agent will take reasonable steps to promptly notify the up-loader of the allegedly infringing content. Company has no other role to play either in prosecuting or defending claims of infringement and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Pursuant to the Act, you may be liable for damages, including court costs and attorneys fees, if you misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on Company’s Application infringes your copyright, Company urges you to first consult an attorney.

    1. Counter-Notice. If Company has removed your content from the Application due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to Company’s Copyright Agent, which includes, at a minimum, the following:
      1. Identification of the content that has been removed from Application or to which access has been disabled.
    1. Other Types of Infringement. The policies and processes outlined above are applicable to copyright only. If you discover any content that you believe to be in infringement of any other intellectual property rights or in violation of Company’s Terms of Service, please contact by email admin@qwiksupply.com.
  1. Limitation of Liability; Disclaimer of Warranties; Indemnification.
    1. The Application may include content created and uploaded by outside parties. Because Company has no control over such content, you acknowledge and agree that Company is not responsible for and does not assume responsibility or accept liability for any files, content, advertising, products or other materials on or made available by outside parties through its Application, including without limitation User Content. You further acknowledge and agree that Company shall not be responsible for or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such music files, content, goods or services available on or through any such site or resource. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL COMPANY ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, PARTNERS AND LICENSORS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE APPLICATION, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, USER’S USE OR INABILITY TO USE THE APPLICATION, ANY CHANGES TO OR INACCESSIBILITY OF THE APPLICATION, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, THE COSTS OF PROCUREMENT OF SUBSTITUTE COSTS GOODS AND SERVICES PURCHASED OR OBTAINED, ANY MESSAGES RECEIVED OR TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE APPLICATION, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED THE TOTAL FEES PAID BY USER TO COMPANY HEREUNDER. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE APPLICATION, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE APPLICATION AND TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS.
    1. You expressly understand and agree that:
      1. Your use of the Application is at your discretion and risk. Company disclaims any responsibility for the deletion, failure to store, or failed or untimely delivery of any information or material. Company disclaims any responsibility for any harm resulting from accessing information or material on the Internet using the Application. The Application are provided on an "as is" and "as available" basis. Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
      1. Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that the A) Application will meet your requirements B) The Company and not a Third Party are solely responsible for providing maintenance and support C) the Application will be uninterrupted, timely, secure or error-free D) the result that may be obtained from the use of the Application will be accurate or reliable E) the quality of any products, information or other material purchased or obtained by you through the Application will meet your expectations F) or that any errors in the software will be corrected.
      1. Any material downloaded or otherwise obtained through the use of the Application is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
  • COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
    1. User hereby agrees to defend, indemnify and hold Company and its subsidiaries, affiliates, directors, officers, shareholders, managers, members, agents, employees, partners, and licensors harmless against any action, cause, claims, losses, damages, debt, demand, liability and expenses (including, without limitation, court costs and reasonable attorneys’ fees) made by any outside party due to, in connection with, arising out of or otherwise relating to: (i) this Agreement; (ii) User’s use of the Application, including any data or work transmitted or received by User; and (iii) any unacceptable use of the Application, including, without limitation, any statement, data or content made, transmitted or republished by User which is prohibited as unacceptable herein.
  1. Miscellaneous.
    1. Entire Agreement. This Agreement (Terms of Service) constitute the entire agreement between you and Company with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof.
    1. Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without such provision, and this Agreement shall be construed to the fullest extent possible as to give effect to the intentions of the provisions found to be unenforceable or invalid. The Parties agree that such court may reform such provisions so that it is reasonable under the circumstances and that such provision, as reformed, shall be enforceable, except that the material intent of the Parties in entering into this Agreement shall not be defeated or rendered impossible by the removal of such provision from this Agreement.
    1. Amendments. Company reserves the right, in Company’s sole and absolute discretion, to make modifications to these Terms of Service from time to time. Any such modifications will be made by updating and posting a new version on the Application and notifying you of the revised Terms of Service. In the event that Company makes changes to these Terms of Service, Company will provide you with the opportunity to review and approve the terms prior to your continued use of the Application. Should any modification be unacceptable to you, your sole recourse is to discontinue use of the Application.
    1. Binding Effect. The provisions of these Terms of Service are solely for the benefit of the parties hereto and not for the benefit of any outside party, except that Company shall have the right to assign these Terms of Service and/or any of the rights herein and these Terms of Service shall be binding upon and inure to the benefit of the Company’s assignee(s) hereto and their respective successors, assigns and legal representatives.
    1. Waiver. No failure by either party to pursue any remedy resulting from a breach of any provision of these Terms of Service by the other party shall be construed as a waiver of that breach or as a waiver of any subsequent or other breach unless such waiver is in writing and signed by an authorized representative of the non-breaching party.
    1. Term and Termination. This Agreement is effective upon User’s acceptance as set forth herein and shall continue in full force until terminated. User may terminate this Agreement for any reason upon thirty (30) days prior to notice to Company. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Application; (b) suspend User’s access to or use of all or any portion of the Application; and (c) terminate this Agreement.
    1. Notices. Any notice, demand or other communication which may or is required to be given under these Terms of Service must be in writing and must be:
      1. Personally delivered;
      1. Transmitted by United States postage prepaid mail, registered or certified mail, return receipt requested;
      1. Transmitted by reputable overnight courier service, such as Federal Express or UPS;
      1. Transmitted by legible facsimile, with confirmation of receipt; or
      1. Transmitted by electronic mail, with confirmation of receipt.
    1. Construction and Interpretation. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. The schedules and exhibits hereto are expressly incorporated herein by reference, and shall be deemed, and shall construed and interpreted, as part hereof. Unless the context of this Agreement clearly requires otherwise:
  1. References to the plural include the singular, the singular the plural, and the part the whole;
  1. References to one gender include all genders and the neuter form;
  1. “Or” has the inclusive meaning frequently identified with the phrase “and/or”;
  1. “Including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation”;
  1. References to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole;
  1. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as the same may have been, or may from time to time be, amended, restated, revised, modified, supplemented, reenacted or succeeded.
    1. Choice of Law; Venue; Jury Trial Waiver; Costs of Enforcement. The Parties expressly agree that all the terms and provisions hereof shall be construed under federal copyright, trademark and other intellectual property laws, rules and regulations (as applicable), together with the internal laws of the State of New York without regard such state’s conflict of laws or choice of law rules and principles. Each of the Parties hereby irrevocably consents that any action or proceeding relating to this Agreement shall be brought, at the option of the party instituting the action or proceeding, in any state or federal court of general jurisdiction in Albany, New York. Each of the parties waives any objection that it may have to the conduct of any action or proceeding in any such court based on improper venue or forum non conveniens, waives personal service of any and all process upon it, and consents that all service of process may be made by mail or courier service directed to it at the address set forth herein and that service so made shall be deemed to be completed upon the earlier of actual receipt or five (5) days after the same shall have been posted. Nothing contained in this Section 7(i) shall affect the right of any Party hereto to serve legal process in any other manner permitted by law. In any action or proceeding commenced in connection with this Agreement each Party hereby expressly and IRREVOCABLY WAIVES THE RIGHT TO TRIAL BY JURY. The prevailing party in any action to enforce this Agreement shall be entitled to recover costs and expenses including, without limitation, attorneys' fees.

6.Contact Information. If you have any questions or complaints about the Terms of Service, please contact QwikSupply, Inc., by email at admin@qwiksupply.com, by phone 1 (518) 248-6979 or letter mailed to PO Box 1573 Albany NY 12201.