+PX Terms & Conditions

Introduction

Please read these Terms of Use carefully before accessing or using this app, website, software, and/or plug-ins made available by QU-in Now LLC d.b.a PlusPX or its affiliates(individually and collectively, the “Site”)

Acceptance of terms

These Terms of Service (“Terms”) govern your access and use of the services made available to you by QU-in Now LLC d.b.a PlusPX. (“+PX,” “we,” “us,” or “our”), including through our mobile application and at any and all designated web address owned and operated by us (altogether referred to as the “Service”).

In order to use the +PX Web App or Mobile App or Service with full capacity, you need to be 13 or older. You also warrant that any registration information that you submit to our service is true, accurate and complete, and you agree to keep it that way at all times.

To provide you with the our Service we need to collect some information about you. Please refer to our Privacy Policy Statement to understand for more details on the information we collect, what we do with it, and how you can manage and control the use of your information. By using or interacting with the Service, you are entering a binding contract with us and consenting to the use of your information as explained in this Policy. If you don’t agree with these terms, then please don’t use the Service.

We may change these Terms of Use from time to time and all the members will be notified of the updated information. Your continued access or use of our Service constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the terms and conditions.

Indemnification

You agree to defend, indemnify and hold harmless +PX, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use or inability to use our Services, your breach or alleged breach of the our Services Terms of Use or of any representation or warranty contained herein, your unauthorized use of the our Content, or your violation of any rights of another community member.

Prohibited Conduct

You may only use the Site for lawful purposes. In Your access and use of the Site, You agree that You will not: (i) infringe any copyright, patent, right of privacy, right of publicity, trademark, trade secret, or other right of +PX or any third party; (ii) abuse, defame, harass, or stalk any individual or other user of the Site; (iii) interfere or attempt to interfere with, or damage or attempt to damage, the Site or the proper functioning of the Site, including, without limitation, through the use of cancel bots, denial of service attacks, flood pings, forged routing or electronic mail address information, harmful code, packet or IP spoofing, phishing, Trojan horses, viruses, or similar methods or technology; (iv) use any deep-link; page-scrape; robot or “bot”; spider; other automatic device, program, algorithm, or methodology; or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Site or any Content; in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content; or obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site; (v) misrepresent Your identity, licensing, qualifications, work experience, criminal history, or the like; provide false information; impersonate another person or entity; misrepresent Your affiliation with a person or entity, including, without limitation, +PX; create or use a false identity; or attempt to use another user’s account; (vi) attempt to obtain unauthorized access to the Site; (vii) engage, directly or indirectly, in transmission of chain letters, junk mail, spam, or any other type of unsolicited solicitation; (viii) manually or through automated means collect, reverse look-up, trace or seek to trace information about other users or visitors to the Site without their express consent or other information relating to the Site; (ix) use any meta tags or any other hidden text utilizing the +PX name, service marks, trademarks, or product or service names; (x) advertise, offer to sell, or sell any goods or services set forth in the Site or otherwise use the Site to solicit other users, except as expressly permitted by +PX; (xi) engage in any activity that interferes with any third party’s ability to use or enjoy the Site; (xii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (xiii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site; +PX’s systems or networks; or any systems or networks connected to the Site or utilized by +PX; or (xiv) assist any third party in engaging in any activity prohibited by these Terms of Use.

Information you provide

+PX (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to +PX app subject to our agreement with the applicable third-party platform. +PX App’s collection and use of all such information shall at all times conform to this Terms of Use, the +PX App Privacy Policy, and applicable law. +PX App will use and protect your personal information, such as your name and address, in accordance with the +PX App Privacy Statement and HIPPA Regulations, the contents of which are incorporated by reference into these Terms of Use.

Limitations

You agree that you shall not:

Engage in any conduct that shall constitute a violation of any law or that infringes the rights of +PX App or any third party. Violate any applicable laws or regulations related to the access to or use of the +PX App Services, or engage in any activity prohibited by these Terms of Use.

Violate the rights of +PX App or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another +PX App community member.

Miscellaneous

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Pennsylvania. The language of the arbitration shall be English. There shall be one arbitrator. Each party shall bear its own costs in the arbitration. +PX App shall also have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief against you in the event that, in the opinion of +PX App, such action is necessary or desirable.

Restriction and termination of use

The Site may be used only by organizations, practices, or providers who have an existing contractual relationship with +PX. This Site is not for general public or consumer access and such use of the Site by the general public or consumers generally is explicitly forbidden. +PX will provide You or Your organization with user credentials and password information for accessing the Site. If Your user credentials and password meet the acceptable security guidelines of the Site, these may be used to access and use the Content and functionality on the Site. If they are not acceptable, You may be prompted to create new login credentials and/or a new password. You are solely responsible for maintaining the strict confidentiality of the user credentials and password You are currently using for accessing the Site. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT MAY BE INCURRED OR SUFFERED AS A RESULT OF YOUR FAILURE TO MAINTAIN THE STRICT CONFIDENTIALITY OF YOUR USER CREDENTIALS AND PASSWORD. YOU SHOULD IMMEDIATELY INFORM +PX IN WRITING OF ANY NEED TO DEACTIVATE YOUR ACCOUNT DUE TO POTENTIAL OR ACTUAL SECURITY CONCERNS. +PX WILL NOT BE LIABLE FOR ANY HARM RELATED TO THE MISAPPROPRIATION OF YOUR USER CREDENTIALS AND PASSWORD; YOUR WILLING DISCLOSURE OF SUCH ITEMS TO ANOTHER PERSON; OR YOUR AUTHORIZATION TO ALLOW ANOTHER PERSON OR ENTITY TO ACCESS AND USE THE SITE UNDER YOUR LOGIN CREDENTIALS.

+PX makes no representations or warranties related to the operability or availability of the Site. +PX will use the means it believes are reasonable, in its sole discretion, to provide access to the Site on a basis that it deems appropriate. BY USING THE SITE OR ACCESSING THE SITE’S CONTENT, YOU EXPRESSLY AGREE THAT +PX SHALL NOT BE LIABLE FOR ANY FAILURE OR DEFICIENCY IN THE PERFORMANCE OF THE SITE FOR ANY REASON.

By using the Site or accessing the Site’s Content, You expressly agree and acknowledge that data conversion and transmission is subject to the likelihood of human and machine errors, omissions, delays, and losses-including inadvertent loss of data or damage to media-that may give rise to loss or damage. You further agree that +PX shall not be liable for any such errors, omissions, delays, or losses. You understand and agree that use of or connection to the Internet is inherently insecure and that connection to the Internet provides opportunity for unauthorized access by a third party to computer systems, networks, and any and all information stored therein. While +PX strives to maintain the security of the Site and the Site’s Content, all information transmitted and received through the Internet is subject to unauthorized interception, diversion, corruption, loss, access, and disclosure. +PX shall not be responsible for any adverse consequences whatsoever of Your connection to or use of the Internet, and shall not be responsible for any use by You of an Internet connection in violation of any law, rule, or regulation, or any violation of the intellectual property rights of another.

+PX App may block, restrict, disable, suspend or terminate your access to all or part of the +PX App Services at any time in +PX App’s discretion, without prior notice or liability to you. Any conduct by you that, in +PX App’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the +PX App Services is strictly prohibited and may result in the termination of your access to the +PX App Services without further notice

Your interaction with other members of the community

You are solely responsible for your interactions with other members while availing any of the services offered by the +PX App. You understand that the +PX App currently does not conduct criminal background checks or screening on its members such as consumers and other business or service providers. The +PX App also does not inquire into the background of all of its members. The +PX App makes no representation or warranties as to the conduct of Members or their compatibility with any current or future members. The +PX App reserves the right to conduct any criminal background check or other screening (such as Sex Offender Register Searches) at any time and using available public records. +PX App, its affiliates or its partners be not liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website/Application or Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service

Service limitation & modifications to service

+PX App will make reasonable efforts to keep the +PX App Service operational, however, we reserve the right to suspend service for development or other business purposes at the sole discretion of +PX App. Additionally, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements and/or technology developments, may, from time to time, result in temporary interruptions. +PX App reserves the right, periodically and at any time it deems reasonably necessary, to modify or discontinue, temporarily or permanently, functions and features of the +PX App Service, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the +PX App Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees to +PX App for Paid Subscriptions that +PX App permanently discontinues prior to the end of the Pre-Paid Period, +PX App will refund you a prorated portion of the prepaid fees for the Pre-Paid Period from the period(s) of any such permanent discontinuation. For temporary interruptions lasting thirty (30) days or more, +PX App will upon your request extend the term of your Paid Subscription by the length of the temporary interruption in service. You understand, agree, and accept that +PX App will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. +PX App and/or the owners of any Content may, from time to time, remove any such Content without notice. This section will be enforced to the extent permissible by applicable law.