Terms of Use


Last Updated: 6/17/2016

WELCOME TO QUEUEIN.CO.  THE SITE IS OWNED AND OPERATED BY, QUEUEIN, INC. (HEREAFTER “queueIn”, “we”, “us” or “our”).  PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING QUEUEIN.CO, ITS MOBILE APPLICATIONS AND SOCIAL MEDIA PAGES (INCLUDING FACEBOOK AND TWITTER PAGES) AND ANY SERVICES OFFERED THROUGH QUEUEIN.CO, ITS MOBILE APPLICATIONS AND SITES UTILIZING THE QUEUEIN PLATFORM (COLLECTIVELY REFERRED TO HEREAFTER AS THE “SITE ”).  THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE.

By using Site in any manner, including but not limited to visiting or navigating any part of queueIn.co, all users of the Site (including, without limitation, Sellers and Buyers as defined below) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced and/or available by hyperlink herein. This Agreement applies to all users of the Site, including without limitation users who are auto tickets sellers, buyers, and contributors of content, information and other materials or services on the Site or in connection with queueIn. Different sections of the Agreement may affect users different depending upon their use of the Site, so please make sure to review this Agreement carefully.

If you have any questions, please refer to the contact us section.

1. QueueIn is a Platform

queueIn provides an online platform where event tickets owners (“Sellers”) can list their available tickets for sale and tickets buyers (“Buyers”) can contact Sellers to buy tickets at an agreed price or negotiable price. queueIn’s online platform includes features such as ticket listing, event information, events and artists navigation, location selection, messaging, online payment and booking, customer support, and periodic promotions and special discounts. While queueIn provides its online platform to facilitate these interactions between Sellers and Buyers and will collect certain fees in connection with the service provided through the Site, queueIn is otherwise not directly involved in or otherwise a party to any transactions that may take place between Sellers and Buyers.  queueIn has  no control over the quality, legitimacy, morality or legality of any aspect of the tickets owned, controlled and otherwise sold by Sellers nor the conduct of any Buyer or Seller in connection with the delivery or exchange of the tickets outside the Site. queueIn makes no representation or warranty regarding the truth or accuracy of any claims made by Buyer or Seller in relation to any of the tickets, including, without limitation, any claims made by Seller concerning the Buyer’s identity and payment methods and any claims made by Buyer regarding ticket fraud or scams and buyer’s ability to pay for the tickets. queueIn does not conduct background checks regarding any users of the Site and our verification process for Sellers and Buyers is extremely limited and queueIn expressly relies upon Sellers’ and Buyers’ representations to queueIn that all information provided to the Site is true and accurate.  queueIn is not a broker, agent or insurer for any users of the Site, whether they be Sellers or Buyers.  We encourage you to communicate directly with potential transaction partners through the tools available through queueIn.  All purchases made by Buyers from Sellers are expressly made at each Buyer’s own risk.

You acknowledge and agree that the Site is solely a platform and has no responsibility or liability for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on the Site.  Your use the Site is solely at your own risk.

2. Membership Eligibility

Registration for membership at the Site is subject to the following additional terms and conditions:

Conditions: queueIn is available only to, and may only be used by, individuals who (1) can form legally binding contracts under applicable law, (2) are legal residents of the 50 Unites States and the District of Columbia. By registering with the Site, you represent and warrant that you meet all of the foregoing conditions and that all registration information you submit is accurate and truthful.  We may, in our sole discretion, refuse to offer access to or use of queueIn to any person or entity and change the eligibility criteria at any time.  This foregoing is void where prohibited by law and the right to access queueIn is revoked in such jurisdictions.

Authority: If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify queueIn of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than queueIn without our express written permission.

Account Information: You must create an account to list, sell or purchase tickets and you must have a valid credit card or debit card on file for using queueIn Instant service. You acknowledge that queueIn may charge any one of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies). You must keep your account information, including a Facebook username and password and a valid email address, up-to-date and accurate at all times.

Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by queueIn, each of which is incorporated herein by reference and each of which may be updated by queueIn from time to time without notice to you: Privacy Policy

3. Using queueIn

While using the Service, the Website and/or the queueIn Link, you will not:

• Contact or invite contact with other queueIn users for any reason other than the purpose for which you received the queueIn user's contact information or solicit sales outside of queueIn;

• Violate any venue or event promoter rules at events or violate any applicable third party terms of service (for instance, when using our mobile applications);

• Use our Services if you are not able to form legally binding contracts (for example if you are under 18);

• Use the Site or the Services for unlawful purposes or in an unlawful manner;

• Use queueIn's trademarks without our written permission;

• Copy, reproduce, reverse engineer, modify, decompile, disassemble or otherwise attempt to derive source code from, create derivative works from, distribute, or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of queueIn and the appropriate third party, as applicable;

• Commercialize any queueIn application or any information or software associated with such application;

• Export or re-export any queueIn application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions;

• Use any robot, spider, scraper, or other automated means to access our Site for any purpose without our express written permission;

• Take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Site;

• Bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services; or

• Do anything else that queueIn determines, in its sole discretion, misuses the Site or Services or otherwise negatively impacts our marketplace

• In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.

• Fail to deliver payment for tickets purchased by you;

• Fail to deliver Tickets purchased from you;

• Circumvent or manipulate our fee structure, the billing process, or fees owed to queueIn;

• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);

• Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses or pyramid schemes or any other technologies that may harm queueIn, or the interests or property of queueIn users;

4. Fees/Taxes and Payments

Services: queueIn offers its users queueIn connect service (free service for merely connecting users for ticket sales) and queueIn Instant service (instant ticket purchase with fan protection)

Fees:

• We may, at our sole discretion, change some or all of queueIn's services at any time.  In the event we introduce a new service, the fees for that service are effective at the launch of such service.  

• Seller Fee: Sellers will be charged 5% of overall value (using queueIn Instant service)

• Buyer Fee: Buyers will be charged 5% of overall value (using queueIn Instant service)

• Unless otherwise stated, all fees are quoted in US Dollars (USD).

• queueIn uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells.

• We shall not be responsible in any way for any fraudulent payment or credit information provided by any third parties.

• You are responsible for reading the complete listing before making a commitment to buy tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those tickets. Payment is remitted to queueIn and disbursed to the seller according to our payment policy. All Sales are Final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete.

5. queueIn Fan Protection

Fan Protection for Buyers:

• Your tickets will be delivered instantly after payment.

• Your tickets will be valid for entry

• Your tickets will be the same as those you ordered

• If any of these things do not occur and you comply with applicable policies and timelines, we will find you comparable or better tickets to the event, or offer you a refund or credits for future purchase. queueIn may require information from you or the venue to confirm that the tickets were invalid. You are encouraged to contact us immediately from the venue if you experience problems with your tickets. You must notify queueIn and complete any required forms no later than 24 hours after the event.

• If the event is cancelled and not rescheduled, you will get a refund.

Fan Protection for Sellers:

• You can adjust your ticket prices any time before they sell.

• You will receive payment for all tickets you sell and deliver in accordance with the queueIn User Agreement.

• Payment will be released to seller within one business day of event date, however it may take up to 5 business days for seller to receive fund.

• In the case of dispute, queueIn has the right, at its sole discretion, to hold Seller’s fund up to 30 days, or until issues are resolved between buyer and seller.

6. Prohibited, Questionable and Infringing Items and Activities by All Users

Each user is solely responsible for his/her/its conduct and activities on and regarding to the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that the user submits, posts, and displays on the Site. Furthermore, Florists may not list any item on the Site (or consummate any transaction that was initiated using the Site) that, by paying to queueIn the final value fee, could cause queueIn to violate any applicable law, statute, ordinance or regulation, or that violates this Agreement.

Restricted Activities: Your Content and your use of the Site shall not:

(i) Be false, inaccurate or misleading

(ii) Be fraudulent or involve the sale of illegal, counterfeit or stolen items.

(iii) Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

(iv) Violate this Agreement, any Site policy, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

(v) Be defamatory, discriminatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including our staff or other users), or falsely state or otherwise misrepresent your affiliation with any person through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.

(vi) Be obscene or contain child pornography.

(vii) Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

(viii) Host images not part of a listing.

(ix) Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with queueIn.

(x) Appear to create liability for queueIn or cause queueIn to lose (in whole or in part) the services of queueIn's ISPs or other suppliers.

(xi) Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, other agreements hyperlinked herein, or other policy documents as posted on the Site.

(xii) Reproduce, duplicate, copy, sell, trade or resell any of the services within the Site for any purpose.

(xiii) Engage in activity that interferes with or disrupt the Site (or the servers and networks which are connected to the Site).

Notwithstanding anything to the contrary herein, we reserve the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the Site.

7. Content, Material & Licenses

We own all legal right, title and interest in and to the Site, including any intellectual property rights which subsist in the Site, whether those rights happen to be registered or not, and wherever those rights may exist. Unless you have agreed otherwise in writing with queueIn, nothing in this Agreement gives you a right to use any of queueIn’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.

queueIn License to User Generated Content: queueIn does not claim ownership rights in user content which is content generated solely by its users (hereafter, “User Content”). However, by submitting User Content to the Site, users grant queueIn (and its affiliated third party websites and their operators) a license to fully enable queueIn (and affiliates) to use any information or User Content you supply queueIn with, so that queueIn is not violating any rights you might have in that Content. By submitting User Content to the Site, users further grant queueIn and its affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) the user has in the User Content, in any media now known or not currently known, with respect to the User Content. Users agree to allow queueIn and its affiliates to store or re-format their User Content on or through the Site and display your User Content on or through the Site in any way as we choose (including for advertising, marketing or other promotional purposes relative to queueIn). queueIn’s use personal information submitted by users shall be governed by and in accordance with queueIn's Privacy Policy.

Users (including Buyers and Sellers) explicitly grant to queueIn (and its affiliated third party websites and their operators) a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any User Content submitted, posted or displayed on or through the Site (including affiliated third party websites). Users are solely responsible to ensure the User Content posted is of their own images, copyright and intellectual property or that the Florists have the express written consent to use such User Content. Users hereby further grant to queueIn the right to promote the services provided to Sellers and Buyers in queueIn press kits, press releases, and any other promotional materials related to queueIn as the creator and provider of the Site. Unless provided otherwise in a separate written agreement between the User and queueIn, Users acknowledge and agree that each of them are solely responsible for protecting and enforcing any rights they may have to any User Content that submitted, posted, transmitted or displayed on, or through, the Site and that queueIn has no obligation to protect or enforce those rights on the User’s behalf. Users confirm and warrant to queueIn that they have all the rights, power and authority necessary to grant the above licenses to User Content.

As part of a transaction, Sellers may obtain personal information, including email address and shipping information, from another user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for queueIn related communications. QueueIn does not grant any Sellers a license to use any personal information of any other user for unsolicited commercial messages. Without limiting the foregoing and without express consent from the user, Users are not licensed to add any queueIn user to any email or physical mail list. For more information, see queueIn’s Privacy Policy.

Re-Posting Content: By posting User Content on queueIn, it is possible for an outside website or a third party may re-post that User Content. Users agree to indemnify and hold queueIn harmless for any dispute, claims or causes that may arise from any such action.

Idea Submissions: We consider any unsolicited suggestions, ideas, proposals or other material submitted to queueIn by users (other than the User Content and the tangible items sold on queueIn by users) (collectively, the "Material") to be non-confidential and non-proprietary, and queueIn shall not be liable for the disclosure or use of such Material. If, at queueIn’s request, any member sends Material to improve the Site (for example through the forums or to customer support), queueIn will also consider that Material to be non-confidential and non-proprietary and queueIn will not be liable for use or disclosure of the Material. Any communication by users to queueIn is subject to this Agreement. Users hereby grant and agree to grant to QueueIn, under all of such user’s rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the online platform, documentation, or any product or service, without compensation or accounting to the user and without further recourse by the user.

Copyright Policy:

QueueIn respects copyright law and expects its users to do the same. It is queueIn’s policy to terminate inappropriate circumstances Users or other account holders who infringe or are believed to be infringing the rights of copyright holders. All users of the Site represent and warrant they shall comply with all applicable copyright laws. In the event we receive proper notification of claimed copyright infringement, the response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and possibly terminating your account and/or the right to use our site. If you believe any material posted at the Site constitutes an infringement of a copyright you own, you may file a notice of infringement to the contact identified below. A user who materially misrepresents that material is infringing will be liable for the costs incurred by us and our associated persons, including attorney fees. Accordingly, if you are uncertain whether you are or you represent the proper copyright holder or if copyright laws protect the subject materials, you are strongly advised to consult a qualified attorney at your own expense. Any copyright infringement notification must be a written communication, transmitted by e-mail or regular mail, setting forth the following:

• a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

• detailed identification of the copyrighted work claimed to have been infringed;

• 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 us to locate the material;

• your contact information, including your address, telephone number, and an email address;

• a statement by you 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; and

• a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

• Copyright Infringement Notifications should be addressed to: support@queuein.co

8. Information Control

QueueIn has limited control of the User Content provided by users and that is made available on the Site. You may find some User Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Other Resources: QueueIn is not responsible for the availability of outside websites or resources linked to or referenced on the Site. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Users agree that we 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 such content, goods or services available on or through any such websites or resources.

9. Resolution of Disputes

Any dispute arising from or relating to the subject matter of this Agreement or a user’s use of the Site or relationship with queueIn shall be finally settled by binding arbitration in Los Angeles, California, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, LLC. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the federal or state courts located in the County of Los Angeles in the State of California. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, unless expressly noted otherwise herein, including without limitation, this section.

QueueIn, for the benefit of users, may elect to assist users resolve disputes, however, queueIn do so in its sole and exclusive discretion, and queueIn undertakes no formal obligation to resolve disputes between users or between users and outside parties. To the extent that queueIn attempts to resolve such disputes, queueIn does so in good faith and based solely on its policies. will not make judgments regarding legal issues or claims. Should a dispute arise between you and any other user or users of the Site, or an outside party, you release queueIn and its Affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. queueIn encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable and appropriate.

10. QueueIn's Intellectual Property

QueueIn, and other queueIn graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of queueIn, Inc. in the U.S. and/or other countries. QueueIn's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

11. Breach

Without limiting any other remedies, QueueIn may, without notice, and without refunding any fees, delay or immediately remove Content, warn queueIn's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to queueIn, and take technical and legal steps to keep a user off queueIn and refuse to provide services to a user if, not intended to be an exclusive list, any of the following apply:

(i) We suspect (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy or other policy documents and community guidelines incorporated herein.

(ii) We are unable to verify or authenticate any of the user’s personal information or Content.

(iii) We believe that a user is acting inconsistently with the letter or spirit of queueIn's policies, has engaged in improper or fraudulent activity in connection with the Site or the actions may cause legal liability or financial loss to queueIn's users or to queueIn itself.

12. Privacy

Any personal information you submit to the Site or queueIn is governed by queueIn's Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the Site or queueIn either for purposes of becoming a Member of the Site, submitting feedback about the Site or any content or other users of the Site, or to receive further information, updates and promotions about or related to the Site or queueIn. Except as disclosed in queueIn's Privacy Policy, we will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.

13. No Warranty

QUEUEIN AND ITS AFFILIATES PROVIDE THE SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT QUEUEIN AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (i) ANY CLAIMS MADE BY ANY OTHER USER OF THE SITE (SELLER OR BUYER) IS TRUE, ACCURATE OR CORRECT; (ii) YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS; (iii) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (iv) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (v) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS A PART OF THE SITE WILL BE CORRECTED. QUEUEIN AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM QUEUEIN OR ITS AFFILIATES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Liability Limitation

QUEUEIN AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR: (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; AND (ii) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGE AS A RESULT OF (a) USER’S PARTICIPATION OR INVOLVEMENT WITH A TEST DRIVE ARRANGED THROUGH THE SITE, (b) ANY CHANGES WHICH WE MAY MAKE TO THE SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN PROVIDING THE SITE (OR ANY SERVICES OFFERED THROUGH OR FEATURES WITHIN THE SITE), (c) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SITE, (d) YOUR FAILURE TO PROVIDE QUEUEIN WITH ACCURATE ACCOUNT INFORMATION, (e) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (f) YOUR USE OR MISUSE OF THE SITE, (g) ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, AND/OR (h) HYPERLINKS TO WEB SITES OR CONTENT OR RESOURCES PROVIDED BY COMPANIES OR PERSONS OTHER THAN QUEUEIN. THESE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

15. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD QUEUEIN AND ITS AFFILIATES, HARMLESS FROM AND AGAINST ALL DAMAGES, COSTS (INCLUDING, WITHOUT LIMITATION, SETTLEMENT COSTS), LOSSES, EXPENSES, (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES) AND LIABILITIES RELATING TO ANY CLAIM OR DEMAND ASSERTED BY ANY PARTY AGAINST QUEUEIN AND/OR ITS AFFILIATES ARISING FROM OR RELATED TO YOUR ACTIVITES OR CONDUCT ON OR THROUGH THE SITE.

16. Access and Data Integrity

QueueIn does not guarantee continuous, uninterrupted access to the Site. Although queueIn attempts to maintain the integrity and accuracy of the information on the Site, we make no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Site by other users or third parties without queueIn’s knowledge. If you believe that information found on the Site is inaccurate or unauthorized, please inform queueIn by e-mailing us at support@queuein.co

17. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

18. No Employment or Agency

No Employment Relationship

QueueIn is not an employment service and does not serve as an employer of any user (Seller, Buyer or otherwise). QueueIn is not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with any use of the Site. By using the Site, users understand and agree that, if queueIn is found to be liable for any tax or withholding tax in connection with your use of the Site, then you will immediately reimburse and pay to queueIn an equivalent amount, including any interest or penalties thereon.

No Agency Relationship

No brokerage, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. Without limiting the foregoing, except as expressly set forth herein, queueIn is not acting and does not act as an agent for any Seller, Buyer or any other user or visitor of the Site.

19. QueueIn Service

QueueIn reserves the right to modify, limit, suspend or terminate any and all services offered on or through the Site (or any feature thereof) for any reason, without notice, at any time. QueueIn reserves the right to alter this Agreement or other queueIn policies at any time, so please review the policies frequently.

20. Amendments

QueueIn may amend this Agreement at any time, and from time to time, in our sole and absolute discretion, without any notice to you. You should regularly review this Agreement as posted on the Site on this page to check for amendments. You understand and agree that if you use the Site after the date on which these amendments have been applied to the Agreement, queueIn will treat your continued use of the Site as acceptance of the updated terms. You may not amend this Agreement at any time without our prior written consent.

21. No Waiver

You agree that if queueIn does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which we have the benefit of under any applicable law), it shall not constitute a waiver of queueIn’s rights, and as such, those rights or remedies will still be available to queueIn. Nothing in this Agreement shall prevent queueIn from complying with the law and these terms do not confer any third party beneficiary rights.

22. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, without regard to its conflict of law provisions.

23. Notices

Except as explicitly stated otherwise, any notices to queueIn shall be sent via postal mail to queueIn, Attn: Legal Department, ___2560 9th St. Suite 319A, Berkeley CA 94710___ and any notices to users (in the case of queueIn) shall be sent to the email address you have provided to queueIn. Notice sent by email shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, queueIn may elect, at its own discretion, to deliver notice by certified mail, to the address you provided to queueIn. In such case, notice shall be deemed given three days after the date of mailing.

24. Disclosures

The services hereunder are offered by queueIn, Inc. located at ___2560 9th St. Suite 319A, Berkeley CA 94710___. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

25. Notice for Users in California

This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

26. Contact

If you have any questions about this Agreement, please contact support@queueIn.co