BY SELECTING THE " I agree to these terms" CHECK BOX, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU" OR “YOUR”) ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE & SERVICE AGREEMENT ("AGREEMENT"). YOUR CONTINUED USE OF THE SOFTWARE AND/OR SERVICE SHALL ALSO CONSTITUTE ASSENT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "Login" BUTTON. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

1. DESCRIPTION OF SERVICE. This Agreement is a legal contract between You and QTech, Inc. (“QTECH”) that governs Your use of any QTECH service, including, but not limited to the QTECH reQall service and speaQ service (the “Service”).  This Agreement governs Your use of Services regardless of where and on what device the Service is accessed or operated.
2. REGISTRATION. To use the Service, You must register and provide certain information, including a user name, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update the Registration Data as necessary to keep it accurate. QTECH will use the Registration Data in accordance with its privacy policy, which You can review at http://www.reqall.com/about/privacy. You agree that You will not allow others to use Your user name, password and/or account and You are solely responsible for maintaining the confidentiality and security of Your account. You agree to notify QTECH immediately of any unauthorized use of Your password and/or account. QTECH shall not be responsible for any losses arising out of the unauthorized use of Your user name, password and/or account and You agree to indemnify and hold harmless QTECH, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same. If You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such age limit, You may not enter into this Agreement or use any of the Services.  By using the Service, You represents and warrants that Your use of the Service shall not violate any applicable law or regulation. Your access to the Service may be deleted without warning, if it is found that You are in a jurisdiction where use of the Service is prohibited.
3. LICENSE.  Subject to the terms of this Agreement, QTech hereby grants You a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the software that You are about to install (including the reQall PC application and the reQall windows mobile application) ("Software") only (a) for your personal use, (b) in conjunction with the Service and (c) only in accordance with the documentation provided by QTech.
4. LICENSE RESTRICTIONS.  Except as expressly and unambiguously permitted by this Agreement, You shall not, nor permit anyone else to, directly or indirectly: (i) copy or distribute the Software or any portion thereof; (ii) modify or create derivative works of the Software; (iii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Software (except where the foregoing is required by applicable local law, and then only to the extent so permitted under such laws); (iv) rent, lease, or use the Software for timesharing or service bureau purposes, or otherwise use the Software on behalf of any third party; (v)  use the Software in any manner that could damage, disable, overburden, impair the associated Service; or (vi) use the Software in any manner that could interfere with any other licensee’s use and enjoyment of QTech’s products or services. You shall maintain and not remove or obscure any proprietary notices on the Software, and shall reproduce such notices exactly on all permitted copies of the Software. As between the parties, title, ownership rights, and intellectual property rights in and to the Software, and any copies or portions thereof, shall remain in QTech and its suppliers or licensors. You understand that QTech may modify or discontinue offering the Software at any time. The Software is protected by the copyright laws of the United States and international copyright treaties. This Agreement does not give You any rights not expressly granted herein.
5. UPGRADES. This Agreement does not entitle You to any upgrades, updates, add-ons, patches, enhancements, or fixes for the Software (collectively, "Updates"). QTech may occasionally provide You with Updates to the Software at its sole discretion. 
6. CONTENT FROM YOU. In the course of using a Service you may post, receive or transmit messages, voice recordings, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (“User Content”).  You hereby grant to QTECH the non-exclusive, fully paid, worldwide license to publicly perform, publicly display, modify, translate, distribute, reproduce, transcribe for mobile devices and provide access to such User Content as necessary to operate the Service.  This license is perpetual as it pertains to User Content received and distributed to mobile devices.  You represent and warrant that: (i) You own the User Content transmitted or otherwise have the right to grant the licenses set forth in this section, and (ii) the User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (iii) the transmitting of User Content does not result in a breach of any contract between You and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content transmitted.  You represent and warrant that You will not transmit User Content that is considered Prohibited Content. “Prohibited Content” includes content that: (a) is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “phishing” emails, "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; or (g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.  Furthermore, the Service is not designed to support or store emergency data or critical information.  You represent and warrant that You shall not rely on the Services to record or store such data.
7. CONTENT RECEIVED BY YOU.  You acknowledge that you may receive content from third parties through your use of the Service or website (“Third Party Content”).  You agree that QTech and its licensors shall in no way be liable for any Third Party Content.
8. ACCESS OF THIRD PARTY SITES.  From time to time the Service may access third party content sites (“Third Party Sites”) in order to access Your content.  In order to do so, the Service may request the username and/or password for such Third Party Site.  You warrant that you have the authority to provide the Service such information and hereby grant QTech the right to use such information to access Your content.  QTech does not guarantee that any such access will continue or be uninterrupted.
9. INDEMNITY. You agree to defend, indemnify and hold harmless QTECH, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) Your use of and access to the Service; (b) Your violation of any term of this Agreement; or (c) Your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive this Agreement.
10. WARRANTY DISCLAIMER. The Software and Service is provided by QTECH "AS IS" and without warranty of any kind. QTECH hereby disclaims (to the maximum extent allowed by applicable law) all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, UNAUTHORIZED USE and non-infringement. This disclaimer of warranty constitutes an essential part of this Agreement. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL QTECH OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR (I) ERRORS, MISTAKES, OR INACCURACIES IN THE SOFTWARE OR SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE OR SOFTWARE, (V) LOST PROFITS (VI) COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF THE SERVICE OR SOFTWARE. QTECH’S LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY YOU HEREUNDER OR IF NONE PAID TO TEN ($10.00) DOLLARS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
12. TERM AND TERMINATION. This Agreement shall continue until terminated as set forth in this section. QTECH may terminate this Agreement and Your use of the Service and Software immediately if You violate any provision of this Agreement. QTECH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or Software with or without notice to You, without any liability to You or to any third party. All sections shall survive termination of this Agreement. Upon termination You agree to cease all use of and destroy all copies of the Software.
13. INTERNATIONAL CONSIDERATIONS. QTECH makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
14. TRADEMARKS. QTech Inc., reQall and their respective designs, trademarks and logos are trademarks of QTech, Inc. All other trademarks and/or service marks are the property of their respective owners.
15. AMENDMENTS TO AGREEMENT. QTECH may from time to time modify this Agreement and post a copy of the amended Agreement at http://www.reqall.com/about/terms. If You do not agree to (or cannot comply with) the Agreement as amended, Your only remedy is to stop using the Service and Software. You will be deemed to have accepted the Agreement as amended if You continue to use the Service or Software after any amendments are posted.
16. MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties with respect to the use of the Service and Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of the Agreement shall be in full force and effect. The failure of QTECH to act with respect to a breach of this Agreement by You or others does not constitute a waiver and shall not limit QTECH’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to You and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control) without QTECH’s consent and any action or conduct in violation of the foregoing shall be void and without effect. QTECH expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under California law as such law applies to agreements between California residents entered into and to be performed within California. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in Contra Costa County, California; You hereby agree to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.