Terms of Use

The Quixik Terms of Use agreement, or ToU agreement, is a contract between Quixik and you (Visitor). It controls the conditions under which Quixik lets you use our website. Quixik's Terms of Use agreement is legally binding.

Welcome, and thank you for your interest in Quixik!

Please read the following.

Reading and accepting the Terms of Use and reading and accepting the provisions of the Privacy Policy of https://www.quixik.com are required considerations for https://www.quixik.com granting you the right to visit, read or interact with it. By viewing, visiting, using, or interacting with  or with any banner, pop-up, or advertising that appears on it, you are agreeing to all the provisions of this Terms of Use policy and the Privacy Policy of https://www.quixik.com.

https://www.quixik.com reserves the right to deny access to any person or viewer for any reason. Under the terms of the Privacy Policy, which you accept as a condition for viewing, https://www.quixik.com is allowed to collect and store data and information for the purpose of exclusion and for many other uses.

Quixik Machining and Fabrication, LLC (“Quixik”) is constantly improving our website, products and services (collectively, our “Products and Services”), and that means sometimes we have to change the legal terms under which our Products and Services are offered. Quixik may modify all or any part of these Terms of Use from time to time without notice to you; visitors have an affirmative duty, as part of the consideration for permission to view https://www.quixik.com, to keep themselves informed of changes. If you previously entered into a prior version of Terms of Use, those terms no longer apply. Your continued use of our Products and Services after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of our Products and Services.

This agreement contains mandatory arbitration provisions that require the use of arbitration to resolve disputes, rather than jury trials. Please read them carefully.

Parties to the Terms of Use Agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The website and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

Service

Our website provides you with access to our Products and Services, as well as information, including but not limited to company details, industry insights and news, technological updates and access to Quixik’s blog. Quixik is under no obligation to provide such information, products and services to you. Unless explicitly stated otherwise, any new features that augment or enhance the current website, products and services shall be subject to these Terms of Use.

You acknowledge that Quixik may establish general practices and limits concerning use of our Products and Services. You further acknowledge that Quixik reserves the right to modify these general practices and limits from time to time. Quixik reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, our website (or any part thereof), or any products and services, with or without notice. You agree that Quixik shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Products and Services.

Eligibility

You must be a human to use our website.

By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; and (b) your use of the website is in compliance with any and all applicable laws and regulations. If you are under the age of 18, you represent that you have your Parent’s permission to use the website.

If you are a Parent who allows your minor children to use the website, you accept these Terms on behalf of your child and are responsible for your child’s activity on the website.

Use of Information from this Website

Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website you agree this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitor has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

Ownership of Website or Right to Use, Sell, Publish Contents of this Website

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on our Products and Services are the property of Quixik or other third parties. You are not permitted to use these Marks without the prior written consent of Quixik or such third party which may own the Mark.

Copyright

Quixik either owns the intellectual property rights in the HTML, text, images, audio, video, software or other content that is made available through our Products and Services or has obtained the permission of the owner of the intellectual property to make it available. Quixik strictly prohibits the redistribution or copying of any part of or content on our Products and Services without written permission from Quixik. Quixik authorizes you to display on your computer, download and print pages from our website and our other Products and Services provided (a) the copyright notice appears on all such printouts, (b) the information will not be altered, (c) the content is only used for personal, educational, commercial and non-commercial use, and (d) you do not redistribute or copy the information to any other media without obtaining Quixik express permission. Quixik and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Procedure for Making Claims of Copyright Infringement below.

Hyperlinking to Site, Co-Branding, “Framing” and Referencing Site Prohibited

Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Nor are you allowed to ‘frame’ the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities and be liable for all damages. You may reference the URL (website address) of this website in any commercial or non-commercial media without express permission.

Linking

Any links to other websites and resources are provided for convenience only. Quixik has not reviewed the linked websites and is not responsible for the content or availability of any linked websites. The inclusion of any link to a website does not imply endorsement by Quixik of the website or their entities, products or services.

Disclaimer for Contents of Site

The website disclaims any responsibility for the accuracy of the content of this website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with the website, you have no right to rely on any information contained herein as accurate. The website makes no such warranty.

Disclaimer For Harm Caused to Your Computer or Software from Interacting with This Website or Its Contents. Visitor Assumes All Risk of Viruses, Worms, or Other Corrupting Factors.

The website assumes no responsibility for damage to computers or software of the visitor or any person the visitor subsequently communicates with from corrupting code or data that is inadvertently passed to the visitor’s computer. Again, visitor views and interacts with this site, or banners or pop-ups or advertising displayed thereon, at his own risk.

Disclaimer For Harm Caused by Downloads

Visitor downloads information from this site at his own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

Limitation of Liability

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the website to allow his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

Rules of Conduct

Your use of our Products and Services is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage our Products and Services is a violation of criminal and civil laws. Quixik reserves the right to seek damages from any such person to the fullest extent permitted by law.

Indemnification

Any person or corporation interacting with our website or our other Products and Services agrees to defend, indemnify and hold Quixik and its parent, subsidiaries, affiliates, officers, directors, shareholders, predecessors, successors in interest, employees, agents and licensors harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims; liability claims for products or services sold by the person or corporation submitting such content; claims for patent, copyright or trademark infringement; and claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by Quixik prior to publication.

Submissions

Visitor agrees as a condition of viewing, that any communication between Visitor and Website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the Website and may be used, without further permission, for commercial use without additional consideration of any kind. Visitor agrees to only communicate that information to the Website, which it wishes to forever allow the Website to use in any manner as it sees fit. “Submissions” is also a provision of the Privacy Policy.

Notice

No additional notice of any kind for any reason is due Visitor and Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website.

Applicable Law

Viewer, visitor, member, subscriber or customer agrees that the applicable law to be applied shall, in all cases, be that of the state of Quixik.

Governing Law and Arbitration

This agreement shall be governed by and interpreted in accordance with the laws of the State of Colorado (U.S.A.), without regard to or application of conflicts of law rules or principles. Any controversy, dispute or claim relating to our Products and Services and/or these Terms of Service shall be exclusively resolved by binding arbitration conducted at a site specified by Quixik in Colorado (U.S.A.), in the English language, in accordance with the rules of the American Arbitration Association. If you file for arbitration, you shall be solely responsible for any fees in connection with such filing.

As part of the consideration that the Website requires for viewing, using or interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“claim”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available at https://www.adr.org/rules or from the American Arbitration Association, Denver Regional Office, 1400 16th Street, Suite 400, Denver, Colorado, 80202, phone 800.778.7879.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

Subject to the provisions for arbitration herein, the Federal and State Courts having jurisdiction over matters arising in Denver, Colorado (U.S.A.) will have sole and exclusive jurisdiction over any disputes arising under or relating to this agreement, and you irrevocably submit to the personal jurisdiction of such courts. No claim or action, regardless of form, arising out of this agreement may be brought by you more than one (1) year after your first became aware, or reasonably should have been aware, of the basis for the claim. To the fullest extent permitted, you waive the right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby. To the extent permissible, the United Nations Convention on Contracts for the International Sale of Goods will not apply, even if adopted as part of the laws of the State of Colorado.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

Jurisdiction and Venue

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to Quixik’s address.

Procedure for Making Claims of Copyright Infringement

Quixik respects the copyright of others, and we ask our users to do the same. To file a notice of copyright infringement, please provide the following information to the Quixik-designated address listed below: 1) a description of the copyrighted work that you claim has been infringed; 2) a description of where the material that you claim is infringing is located on our Products and Services; 3) your address, telephone number and email address; 4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; 5) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and 6) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright. By mail: 1306 Blue Spruce Drive, Unit B2, Fort Collins, CO 80524 By email: info@Quixik.com

Miscellaneous

This agreement shall be interpreted in English (U.S.). You may translate this agreement into other languages. In the event of a conflict between any translated version of this agreement and the English version, the English version will control. The words “include,” “includes” and “including” means “include,” “includes” or “including,” in each case, “without limitation.” You may not assign this agreement; any attempted assignment will be deemed void and ineffective. Quixik’s delay or failure to exercise any rights under this agreement will not constitute or be deemed a waiver or forfeiture of such rights. This agreement is binding on you and Quixik and, other than as expressly provided in this agreement, nothing in this agreement grants any other person or entity any right, benefit or remedy. Your electronic signature will be effective to bind you to this agreement. If any provision of this agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of this agreement will remain in effect to the greatest extent permitted by law. All notices under this agreement shall be in writing, in English. When you send a notice to Quixik (other than a notice of copyright infringement, as detailed above), such notice shall be deemed properly given when addressed to Quixik’s address as stated on our website and (1) delivered by personal delivery, (2) delivered by overnight courier service with signature required, or (4) mailed by first class U.S. mail with postage paid, return receipt requested.

Privacy Policy

Please read the Quixik Privacy Policy, https://quixik.com/privacy-policy/, carefully for information relating to our collection, use, storage, disclosure of your personal information. The Quixik Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Contact Information

Contact Quixik at the following:
Mailing address:
Quixik Machining and Fabrication, LLC.
1306 Blue Spruce Drive, Unit B2
Fort Collins, Colorado 80524
USA

Telephone: 970.200.8791

Contact Email: info@quixik.com

Update

These Terms of Use were last updated on February 13, 2024.

All Rights Reserved.