Terms of Use

Agreement. Welcome to Kuotz.com (the “Site”). The Site is operated by Kuotz, LLC (“Kuotz,” “us” or “we”). These terms and conditions (the “Agreement”) govern your use of the Site, including all of the information and services provided through the Site. By using this Site you are agreeing to comply with and be bound by this Agreement as well as the Site’s privacy policy (the “Privacy Policy”) located “here”:/privacy, and the Site’s bidding process (the “Bidding Process”) located “here”:/bidding, all of which are hereby incorporated by reference. Please review this Agreement, the Privacy Policy, and the Bidding Process carefully to be sure you are comfortable with their terms.

Site Purpose. The purpose of the Site is to help customers and vendors find each other more easily. The Site allows vendors selling goods and services (“Vendors”) to post their information in a directory and provides tools for potential customers to locate and research the Vendors, contact them for services or goods, seek price quotes and/or solicit bids for goods or services. In this Agreement, the term “Users” refers to you and all others accessing and /or using the Site and includes both Vendors and their potential customers who use this Site.

Territory. The Site is only to be used by Users located within the continental United States and Hawaii and Alaska (the “Territory”) for services and goods to be delivered to and from locations within the Territory.

18 Years or Older. To use this Site and its services, a person must be able to form enforceable contracts and be at least 18 years of age.

Vendors. Vendors may create a Vendor listing to describe their available services and/or goods (each a “Vendor Page”) to potential customers. Vendors and the information they post on the Site are not screened by Kuotz. Each Vendor is responsible for their Vendor Page, including, without limitation, its content, accuracy, completeness, offerings, and compliance with law. Each Vendor is also responsible to keep its Vendor Page up to date. Vendors are also responsible for the goods and services they provide to other Users and compliance with all applicable laws governing such goods and services and the delivery thereof. Vendors must also obtain any professional, regulatory, proprietary and/or other licenses, permissions, certifications, and clearances required for their goods or services to be offered, sold or delivered on or though use of this Site. Vendors will be expected initially to classify themselves according to the categories listed on the Site, although Kuotz reserves the right to adjust the classifications in our discretion. At any time, Kuotz may take down a Vendor Page or portion thereof, and may refuse to allow any Vendor or User to further use the Site, for any reason, in Kuotz’s discretion, without liability.

Terms of Vendor/Customer Sale/Engagement. Vendors and their customers are responsible for establishing the terms and conditions upon which the goods and/or services will be purchased, supplied and delivered. Unless the parties agree otherwise, legal ownership of an item shall be transferred to the buyer upon physical delivery of the item by the seller to the buyer. Kuotz urges Vendors and customers to establish the terms of their arrangement in writing to avoid misunderstandings and mistakes. Kuotz is not a party to these arrangements and has no vested interest in the contracts or agreements between Users.

Verification of Vendor Identity. Vendors may request that their name and address information be verified by Kuotz (“ID Verified”). In order to perform this verification, information such as the Vendor’s Social Security Number, Employer Identification Number, Drivers License Number, among other information, may be cross-referenced against public database records for confirmation of their identity. Every Vendor that is verified will be screened against the Office of Foreign Assets Control (OFAC) terrorist watch lists. In addition, Kuotz may check the Vendor’s name and address against publicly available databases for evidence that there is indeed a listing (whether for an individual a listing in the white pages of a telephone directory at that address under that name, or, for an entity, a listing of that entity under the provided name and address in the applicable state database of legal entities, such as corporations, limited liability companies and limited liability partnerships). Kuotz does not guarantee that this information is accurate nor does Kuotz verify or guarantee the nature, availability, quality, characteristics, history or professionalism of other aspects of the Vendor or its goods or services. ID Verified Vendors are required to pay a fee or fees to secure and maintain ID Verified status (see “Charges” section below). Kuotz does not necessarily recommend or endorse any of the Vendors listed on the Site, whether ID Verified Vendors or not. If Kuotz does not receive sufficient information in its discretion to provide the ID Verified status to a particular Vendor who has requested to be ID Verified, Kuotz will notify the Vendor and the Vendor shall have the option of withdrawing from the Site. In Kuotz’s discretion, Kuotz may request additional information from a Vendor before denying the Vendor ID Verified status. Payment for ID Verification will not be refunded, whether or not ID Verified status is obtained. By requesting ID Verified status, whether or not it is granted, a Vendor is irrevocably granting to Kuotz the right to use and disclose the Vendor’s information as reasonably necessary to conduct the verification check, including to service providers assisting Kuotz in conducting the verification and checks. “ID Verified” Vendors will receive priority placement in searches on the Kuotz.com site. Please review the Privacy Policy for information about how Kuotz uses and discloses information gathered from or provided by Users, including Vendors.

Additional Research Tools. From time to time, Kuotz may provide access to additional tools for use by Users to research Vendors they may be interested in contacting before they contact them. These tools are research services provided by third parties and such third parties may require that Users agree to the terms of use of their services before they use them and may charge a fee. Kuotz cannot guarantee the accuracy or availability of these various tools and their results. Kuotz encourages all Users to investigate Vendors carefully through these tools and also through other available means before engaging or providing them with any personal information.

Bidding Process. Requests for bids are carried out in accordance with the Site’s Bidding Process. The Bidding Process is explained in greater detail in a separate notice located here and is generally described here. When a bid request from a User is submitted to the Site, it automatically is sent to all Vendors in the applicable goods and services category of the bid request. All Vendors who have subscribed to Kuotz monthly service may respond and be included in that bid’s Vendor list. The User selects four Vendors from that bid’s Vendor list. These four Vendors are given access to additional information provided by the User about the project, and the User and the Vendors may engage in a more open discussion through the bidding forum and email. The final bidding prices will be visible only to the User. When a User completes a request for bids on the Site, the User must provide current, complete and accurate information and is obligated to keep this information up to date. Kuotz does not guarantee that the Vendors who bid on a User’s project through the Site will have the ability to provide the User with the goods or services described in a bid request. Kuotz may deny and/or reject any request for bids for any reason, discontinue a User’s further use of the Site, and stop any request for bids at any point during the Bidding Process. When a User submits a request for bids, the User is agreeing to the public release of the information included in the bid request and agrees that in the bid process the User’s identity and contact information will be disclosed. In order to fulfill a request for bids, a User may be contacted by Site operators, and by submitting a request for bids, the User is agreeing to this contact.

Feedback on Vendors. Users may post feedback on particular Vendors the User has interacted with or engaged through the Site. Feedback comments are not anonymous and will be visible to those using the Site. The User is identified with the comment the User posts. Users will have the ability to say they had a positive, neutral, or negative experience with a Vendor and may comment in detail. The Vendor will have one rebuttal. It is important that Users take care when posting feedback about their experience with the Vendor to be truthful and professional. Critical comments should be constructive for both other Users and the particular Vendor, and not destructive. Kuotz does not screen this feedback but reserves the right to suspend and remove any feedback in its discretion. By using this Site you are waiving any claim against Kuotz with respect to any such User statements and feedback.

License. By posting any material or information on the Site, Users are granting to Kuotz an irrevocable license to publish, transmit, display, modify, copy, record, create derivative works of, and use such material and information, both on the Site and in connection with Kuotz’s business, in all media now known or hereinafter discovered. By engaging in the Bidding Process, Users (including Vendors) are also granting to Kuotz an irrevocable license to publish, transmit, display, modify, copy, record, create derivative works from and use the material provided by such User (and Vendor) in connection with the Bidding Process. By posting any information on the Site or submitting any information or material in connection with the Bidding Process, you are warranting to Kuotz that you have all rights necessary to do so, including, without limitation, to publish, share, disclose, or post such information and material on and through the Site.

Reporting Inappropriate Site Usage or Behavior. Users may report other Users to Kuotz (using the “Report Abuse” buttons) who are endangering others, abusing the Site, violating this Agreement, or otherwise engaging in harassing, inappropriate, problematic, unlawful or dangerous behavior. We request that Users provide as much information as possible about the offending User and the problematic behavior. Kuotz in its discretion will decide whether to take action against a User in a particular instance. Although Kuotz does not guarantee that every complaint will be responded to or addressed, Kuotz encourages Users to report bad behavior.

Charges. We may charge for some or all of the Services provided through the Site and we will notify Users on the Site of such charges. For example, we may charge an annual fee for ID Verified Vendors to obtain and maintain their status. Vendors who wish to participate in the bid process may subscribe to Kuotz monthly service. Vendors may only pay through the Kuotz site by traditional payment methods or Pay Pal account process. Kuotz reserves the right to suspend or terminate a User’s account for nonpayment and the Vendor will owe Kuotz any unpaid balance. Current fees are found on our “Fees Page”.

Special Placements. Kuotz is developing an advertising and marketing program through which Kuotz may display targeted relevant content to enhance a User’s experience. This may include banners, third party links, sponsored announcements, and other similar advertising methods. Those placements and advertisements will be apparent to Users and readily distinguishable from normal Vendor Pages. See the “Advertise with US” section for more information.

Passwords. From time to time and for certain functions or features of the Site, Users will be required to create a user name and/or password. Users should take care to keep their user name and password confidential so that it is only used by them. Users are responsible for any use made of their user name and/or password. If a User believes that their user name or password has been used without their permission or that such misuse is imminent, please contact us at help@kuotz.com.

Third Party Links. From time to time, this Site may contain links to other web sites controlled by third parties. These links are for User convenience and information only and Kuotz is not responsible for the systems, content or information contained on those sites, nor is Kuotz necessarily endorsing any such sites. This Site may also contain links to other sites operated by Kuotz. While Kuotz may be responsible for the operation of such sites, Users should take care to check the terms of use and privacy policy applicable to such sites, as they vary depending on the nature and services of each site, and who is entitled to access them.

Acceptable Use/Prohibited Use.

(a) Users shall only use the Site as permitted and in conformance with this Agreement and all applicable laws and regulations.

(b) Users shall only use the Site to research Vendors and to purchase or seek bids for services and goods from Vendors the User expects to use itself. Vendors shall only use the Site to advertise goods or services or to bid on jobs that the Vendor will fulfill or service itself.

(c) Vendors shall only advertise, offer, sell or provide goods or services for which they have all necessary rights, licenses, permissions, certifications and qualifications.

(d) Users shall use the Site only for lawful, legitimate purposes and no services or goods may be offered, advertised, bid on, purchased, sold or purchased if to do so would violate applicable law or another’s rights.

(e) Users agree to pay for all goods and services they purchase through the Site and Vendors agree to deliver all goods and services that through use of this Site they agree to deliver.

(f) Users must not post unlawful, defamatory, tortious, injurious or harassing content or content that would violate another’s rights or invade or injure another’s rights of privacy or rights of publicity.

(g) Users must not use this Site to advertise, offer, sell or provide any items that are expressly prohibited by this Agreement, or any other goods or services that would be unlawful or fraudulent to so advertise, offer, sell or provide.

(h) Users may make one copy of content visible to such User on the Site for their personal reference except where the Site specifically states that such copying and downloading is not permitted, in which case no such copying or downloading is permitted.

(i) User must not use this Site to engage in any of the following prohibited uses: (i) violation of any person’s proprietary, copyright, trademark, publicity, privacy, or other right; (ii) advertising, submitting or providing any information, property, item or material that the User does not have the right to advertise, submit or provide; (iii) use of the information or Site to commit fraud or a crime; (iv) misuse or unauthorized disclosure of confidential or proprietary information; (v) downloading or otherwise exporting programs or content from the Site in violation of United States export laws; (vi) transmission, storage, or knowing receipt of any obscene or pornographic material or engaging in any misleading, tortious, defamatory, libelous, or offensive activity; (vii) disruption, interruption or impairment of the Site through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, or spamming; or (viii) obtaining or attempting to obtain unauthorized access to computer systems, materials or information through any means.

(j) Users are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.

(k) Users agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.

(l) Any conduct that would violate this Agreement is prohibited.

Examples of Prohibited Goods and Services. Users may not advertise, offer, sell, provide, or buy any items or services through the Site if to do so would be illegal, including, without limitation, the following prohibited items and services: adult only goods or services, alcohol, animal and wildlife products, artifacts, counterfeit items, drugs, explosives, firearms or weapons, gambling services or related items, multi-level marketing, pornography or obscene material, pyramid or ponzi schemes, securities, stock or commercial paper, and stolen property, as well as all other items and services prohibited by law. This list is not exhaustive. Kuotz reserves the right to prohibit the advertising, offering, sale, provision or purchase of any goods or services at any time.

User Representations and Warranties. Users hereby represent and warrant that they will comply with this Agreement and all applicable laws in all respects in connection with their use of the Site.

Parental Control Protections. Users should be aware that there are devices, programs and services (such as computer hardware, software and filtering services) that will help Users limit access to material that is harmful to minors. Information regarding parental control software and programs may be found at the following links: GetNetWise: http://www.getnetwise.org; CyberAngels.org: http://www.cyberangels.org; and Protect Kids.com: http://www.protectkids.com. Additional information regarding parental control software may be obtained directly from software developers’ web sites, including: CyberPatrol: http://www.cyberpatrol.com; Cybersitter: http://www.cybersitter.com; SafeEyes: http://www.safeeyes.com; ContentProtect: http://www.contentwatch.com; Net Nanny: http://www.netnanny.com.

Reporting Certain Abuses to Law Enforcement Authorities; Legal Process and Notifications. Kuotz reserves the right to report to local, national or international law enforcement agencies abuse and violations of this Agreement, including, without limitation, those that may compromise the safety of Users of the Site. Nothing in this Agreement shall be construed to prohibit or restrict Kuotz from complying with any applicable laws, law enforcement requests, subpoenas, legal requirements and legal reporting obligations relating to a User’s use of the Site, use of a User’s account information, or information provided by or gathered about a User in connection with use of the Site.

Disclaimers.   EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE SITE AND THE INFORMATION AND SERVICES CONTAINED ON AND/OR PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. KUOTZ DOES NOT WARRANT THAT THE SITE, ITS OPERATION OR ITS CONTENTS WILL BE FREE FROM INACCURACIES, TYPOS, BUGS, DEFECTS, OR ERRORS, VIRUSES, HARMFUL COMPONENTS OR BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT ANY SUCH INACCURACIES OR DEFECTS, FOR EXAMPLE, WILL BE CORRECTED. KUOTZ RESERVES THE RIGHT TO CHANGE THE SITE AT ANY TIME, IN ITS DISCRETION.

KUOTZ HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES REGARDING THE SITE, ITS OPERATION AND ITS CONTENTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, USEFULNESS, TIMELINESS, OR COMPLETENESS.

KUOTZ HEREBY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY GOODS AND SERVICES SECURED THROUGH THE SITE, AND AS TO THE CAPABILITY, SKILLS, PROFESSIONALISM, QUALITY OF WORKMANSHIP OR SERVICES, QUALITY OR QUANTITY OF GOODS OR SUPPLIES, OF ANY OF THE VENDORS OR THEIR GOODS OR SERVICES, OR THE AGENTS OR EMPLOYEES OF THE VENDORS, LISTED ON THE SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, USEFULNESS, TIMELINESS, OR COMPLETENESS. KUOTZ ALSO EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING PAYMENT FROM USERS TO VENDORS FOR GOODS OR SERVICES. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SITE ITSELF AND ARE INCORPORATED HEREIN BY REFERENCE.

ANY WARRANTIES OR COMMITMENTS THAT A USER SEEKS FROM A VENDOR OR VENDOR FROM A USER SHOULD BE SECURED BY SUCH USER/VENDOR AS APPLICABLE IN CONNECTION WITH SUCH USER’S TRANSACTION WITH THE VENDOR.

Limitation of Liability.  IN NO EVENT SHALL KUOTZ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF (OR INABILITY TO USE) THIS SITE, OR ANY INFORMATION, SERVICE, GOOD, OR MATERIAL PROVIDED ON, IN OR THROUGH THE SITE, OR ANY USER’S USE OF THE SITE, EVEN IF KUOTZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND INCLUDING, WITHOUT LIMITATION CLAIMS ARISING FROM KUOTZ’S NEGLIGENCE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST KUOTZ FROM LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITE OR IN CONNECTION WITH THE GOODS OR SERVICES ADVERTISED, OFFERED, SOLD, PROVIDED OR PURCHASED THROUGH USE OF THE SITE OR MATERIAL POSTED ON THE SITE BY OTHER USERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN ANY CASE, KUOTZ’S TOTAL LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE SHALL BE LIMITED TO $100.

No Third Party Beneficiary. Nothing in this Agreement shall be construed to establish a basis for claims against Kuotz (its officers, directors, or employees) by third parties asserting status as third party beneficiaries.

Indemnification.  To the maximum extent allowed by applicable law, each User agrees to indemnify, and hold harmless Kuotz, its affiliates and each of their respective directors, officers, employees, and agents (the “Indemnified Parties”), from and against any losses, costs, expenses, fees, judgments and attorneys fees (“Costs”) incurred by any of the Indemnified Parties as a result of the User’s use of the Site, material posted by such User on the Site, goods or services advertised, offered, made available, or purchased by the User, or the User’s violation of this Agreement. Kuotz shall have the right to control the defense and settlement of any third party claim against any of the Indemnified Parties that is subject to such indemnification (and shall be entitled to recover from the User the Costs incurred by Kuotz in connection therewith), and the indemnifying User agrees to fully cooperate with such defense at the User’s expense.

Intellectual Property. As between a User and Kuotz, Kuotz retains all intellectual property rights with respect to the Site. Except for Site content provided by Users, all Site content comprising or included on the Site, including, but not limited to, copyrights, trade names, trademarks, service marks, text, graphics, interfaces, code, information, databases, technology, and other intellectual property and proprietary rights therein (collectively, the “Content”), is the sole and exclusive property of Kuotz, its affiliates or Kuotz licensors. Kuotz, LLC holds the copyright to the compilation, collection, selection and arrangement of the Site Content. 2009 © Kuotz, LLC All Rights Reserved.

Monitoring and Screening. Kuotz may, but does not have the obligation to, monitor a User’s use of the Site. Kuotz reserves the right but not the obligation to pre-screen, screen, take down and modify the content of the Site at any time.

Termination. Kuotz reserves the right to suspend and/or terminate a User’s access to the Site and/or its Services at any time if Kuotz believes the User is in breach of this Agreement or applicable law or for any other reason, without notice or liability. Termination of such access shall not affect or terminate the rights and licenses granted to Kuotz by the User. Kuotz will suspend and/or terminate a User’s account and access to the Site if in Kuotz’s sole discretion it determines that a User (or someone using the User’s account information) has repeatedly infringed the intellectual property rights of others. Kuotz will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of access to the Site of anyone who repeatedly infringes the copyright rights of others.

Privacy Policy. Kuotz recognizes the importance of protecting the privacy of information we may collect from a User. The manner in which Kuotz handles information submitted by a User to Kuotz through the User’s use of the Site is addressed by the Privacy Policy located “here”:/privacy. Information a User posts or provides to post on the Site may be visible to all Users. Engaging in the bidding process also will cause some or all of a User’s personal information to be revealed, in accordance with the Bidding Process, described above.

Reporting Copyright Infringement on the Site. Kuotz respects the intellectual property rights of others, and requires that all Users who use the Site do the same. Kuotz will investigate notices of copyright infringement and take appropriate action upon receipt of proper notification, including termination of Site privileges of anyone who repeatedly infringes the copyright rights of others. If you believe that your work has been used, posted, or copied on the Site in a way that constitutes copyright infringement, please notify the Kuotz Copyright Agent (at the address set forth below) in writing with the following information: (i) Information reasonably sufficient to permit Kuotz to contact you, such as your real name, address, telephone number, and, if available, an electronic email address at which you may be contacted;

(ii) Identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (iii) Identification of the material that you claim is 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 Kuotz to locate such material, including if possible the name of such work, and where such material may be found on the Site (please be as detailed as possible so that we can actually find the material that you claim is infringing);

(iv) A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; (v) 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 owner of an exclusive right that is allegedly infringed; and

(vi) Your electronic or physical signature.

Kuotz’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Copyright Agent Kuotz, LLC 4330 Appleton Avenue Jacksonville, Florida 32210 Facsimile: (904) 389-0702 Email: copyrightagent@kuotz.com

Electronic Communications. By using the Site, Users are consenting to receive communications from Kuotz electronically and agreeing that Kuotz may communicate with such User via email, by posting notices on this Site, and also, if Kuotz wishes, by regular means of communication, including for example, postal mail. Each User agrees that all agreements, disclosures, notices and other communications that Kuotz provides to such User electronically satisfies any legal requirement that such communication be in writing.

General.  This Agreement shall, for all purposes, be construed, governed by, and enforced solely and exclusively in accordance with the laws of the State of Florida, USA, without giving effect to its conflict of law provisions or a User’s actual state of residence or state of organization. Users hereby agree that the courts located in Duval County, Florida, USA, will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and Users hereby irrevocably consent to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto. If a User enters into any business relationship with another User, whether or not such relationship is facilitated by the Site, such User hereby agrees that its rights are governed solely by the terms of the contract or agreement the Users entered into with each other and applicable law. Each User hereby waives any right to combine any claim the User may have against Kuotz with the claims of others. If any provision of this Agreement is held to be invalid or unenforceable such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall remain in effect. Kuotz’s failure to act with respect to a breach by a User does not waive its right to act with respect to subsequent and/or similar breaches. No agency, partnership, joint venture, employee-employer, broker or franchiser-franchisee relationship is intended or created by this Agreement.

Change of Site. Kuotz may change this Site at any time, including services and content made available thereon, in whole or in part, at any time and from time to time. Users are free to decline to continue to use the Site at any time by exiting the Site and not returning to use it further.

Additional Terms. From time to time, Kuotz may require that Users agree to additional terms and conditions that will be posted on the Site in order for Users to utilize certain features or functions offered on the Site. Such additional terms and conditions are incorporated herein by reference.

Modification of Agreement. Kuotz may modify the Agreement at any time, and shall post the effective date of the revised version of the Agreement below. With respect to any material change in this Agreement, for at least 30 days after the change we will post a notice on the home page of the Site that the Agreement has been changed. A User’s continued use of the Site after the effective date of such change constitutes the User’s acceptance of the changes.

Questions or Concerns. Users may contact us at help@kuotz.com with any questions or concerns they have about the Site.

Effective Date: 25-Mar-2009