Terms of Service

THE SERVICE

Minimum Subscription Commitment

A minimum subscription commitment of twenty-four (24) months is to be purchased by the subscriber. After that period, the subscription contract is month-to-month and you can cancel at any time. Should the buyer want to end the subscription within the 24-month period, the contract can be "bought out" for the total price of the remaining months in the 24-month term.

Subscription Renewals and Pricing

Your subscription is renewed on the same date each month, except if the current month does not have the same number of days. For example, a subscription beginning on the 31st of January is renewed on Feb 28th.

Changes To Privacy Statement

If we decide to make material changes to our privacy policy, we will notify you by e-mail through the primary e-mail address specified in your account and/or post those changes to this privacy statement on the Website homepage prior to the changes taking effect. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you.

You are also responsible for regularly reviewing the Privacy Statement and related documents. We reserve the right to modify this Privacy Statement at any time. No amendment to or modification of this Statement will be binding unless in writing and signed by a duly authorized representative of Quiet City Design or posted to the Site by a duly authorized representative of Quiet City Design.

In the event that Quiet City Design goes through a business transition, such as a merger, an acquisition by another company, or a sale of a portion of its assets, users’ personally identifiable information will, in most instances, be part of the assets transferred. Users will be notified via prominent notice on the site for 30 days after a change of ownership or control of their personally identifiable information. If, as a result of the business transition, a user’s personally identifiable information will be used in a manner different from that stated at the time of collection, users will be given a choice consistent with our notification of changes section.

GENERAL TERMS

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO. CANADA. YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS SITTING IN ON, IN ALL DISPUTES ARISING OUT OF OR RELATING TO THE USE OF QUIETCITYDESIGN.COM WEBSITES. USE OF QUIETCITYDESIGN.COM WEBSITES IS UNAUTHORIZED IN ANY JURISDICTION THAT DOES NOT GIVE EFFECT TO ALL PROVISIONS OF THESE TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION THIS PARAGRAPH.

YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND QUIETCITYDESIGN.COM AS A RESULT OF THIS AGREEMENT OR USE OF QUIETCITYDESIGN.COM WEBSITES. QUIETCITYDESIGN.COM’S PERFORMANCE OF THIS AGREEMENT IS SUBJECT TO EXISTING LAWS AND LEGAL PROCESS, AND NOTHING CONTAINED IN THIS AGREEMENT IS IN DEROGATION OF QUIETCITYDESIGN.COM’S RIGHT TO COMPLY WITH GOVERNMENTAL, COURT AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE QUIETCITYDESIGN.COM WEBSITES OR INFORMATION PROVIDED TO OR GATHERED BY QUIETCITYDESIGN.COM WITH RESPECT TO SUCH USE. IF ANY PART OF THIS AGREEMENT IS DETERMINED TO BE INVALID OR UNENFORCEABLE PURSUANT TO APPLICABLE LAW INCLUDING, BUT NOT LIMITED TO, THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS SET FORTH ABOVE, THEN THE INVALID OR UNENFORCEABLE PROVISION WILL 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 CONTINUE IN EFFECT. UNLESS OTHERWISE SPECIFIED HEREIN, THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND QUIETCITYDESIGN.COM WITH RESPECT TO QUIETCITYDESIGN.COM WEBSITES AND IT SUPERSEDES ALL PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS, WHETHER ELECTRONIC, ORAL OR WRITTEN, BETWEEN YOU AND QUIETCITYDESIGN.COM WITH RESPECT TO QUIETCITYDESIGN.COM WEBSITES. A PRINTED VERSION OF THIS AGREEMENT AND OF ANY NOTICE GIVEN IN ELECTRONIC FORM SHALL BE ADMISSIBLE IN JUDICIAL OR ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THIS AGREEMENT TO THE SAME EXTENT AND SUBJECT TO THE SAME CONDITIONS AS OTHER BUSINESS DOCUMENTS AND RECORDS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QUIETCITYDESIGN.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.

IN NO EVENT SHALL QUIETCITYDESIGN.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF QUIETCITYDESIGN.COM WEBSITES, WITH THE DELAY OR INABILITY TO USE QUIETCITYDESIGN.COM WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH QUIETCITYDESIGN.COM WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF QUIETCITYDESIGN.COM WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QUIETCITYDESIGN.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF QUIETCITYDESIGN.COM WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING QUIETCITYDESIGN.COM WEBSITES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS REVU4.COM, ITS PARTNERS, AFFILIATES, SUBSIDIARIES AND SUPPLIERS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING ATTORNEYS’ REASONABLE FEES) RELATED TO YOUR VIOLATION OF THIS AGREEMENT.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY:

THE QUIETCITYDESIGN.COM SERVICE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. QUIETCITYDESIGN.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE QUIETCITYDESIGN.COM SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY QUIETCITYDESIGN.COM, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL QUIETCITYDESIGN.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE QUIETCITYDESIGN.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE QUIETCITYDESIGN.COM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO QUIETCITYDESIGN.COM RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT QUIETCITYDESIGN.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM QUIETCITYDESIGN.COM AND ITS AFFILIATES. QUIETCITYDESIGN.COM IS NOT RESPONSIBLE FOR TEXT MESSAGES OR EMAILS NOT RECEIVED FOR ANY REASON.

LIMITATION OF LIABILITY:

EXCEPT FOR ACTIONS BY QUIETCITYDESIGN.COM TO COLLECT FEES DUE TO US, IN THE EVENT THAT EITHER PARTY BREACHES ITS OBLIGATIONS UNDER THIS AGREEMENT, THE NON-BREACHING PARTY SHALL HAVE THE RIGHT TO EXERCISE ALL RIGHTS AND REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY; PROVIDED, HOWEVER, SUBJECT TO THE DAMAGE AMOUNT LIMITATION SET FORTH BELOW, THE LIABILITY OF THE BREACHING PARTY SHALL BE LIMITED TO DIRECT, ACTUAL DAMAGES ONLY AND ALL OTHER DAMAGES AND REMEDIES ARE EXPRESSLY WAIVED. IN NO EVENT SHALL EITHER PARTY INCLUDING QUIETCITYDESIGN.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO THE OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES IN TORT, CONTRACT OR OTHERWISE INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR CLAIM. LIABILITY OF QUIETCITYDESIGN.COM, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWO (2) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

WITH THE EXCEPTION OF A LEGAL ACTION BY US TO COLLECT PAYMENT OF FEES DUE FOR LEADS DELIVERED FOR WHICH SUCH ACTION MAY BE BROUGHT WITHIN THREE (3) YEARS OF THE DEBT BEING INCURRED, NO OTHER ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER SUCH CAUSE OF ACTION OCCURS.

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

FORCE MAJEURE:

NEITHER PARTY SHALL BE LIABLE IN ANY WAY FOR ITS FAILURE TO PERFORM HEREUNDER, OTHER THAN ITS FAILURE TO PAY ANY MONIES DUE AND OWING HEREUNDER, IF SUCH FAILURE IS OCCASIONED BY ANY OF THE FOLLOWING: WAR; FIRE; FLOOD; INTERRUPTION OF TRANSPORTATION; EMBARGO; ACCIDENT; EXPLOSION; GOVERNMENTAL ORDERS, REGULATIONS, RESTRICTIONS, PRIORITIES OR RATIONING; STRIKE, LOCKOUT OR OTHER LABOUR PROBLEMS; OR ANY CAUSE BEYOND THE REASONABLE CONTROL OF THE NON-PERFORMING PARTY PROVIDED, HOWEVER, THAT THE NON-PERFORMING PARTY SHALL MAKE A GOOD FAITH EFFORT TO PERFORM.

COPYRIGHT AND TRADEMARKS:

ALL CONTENTS OF THE QUIETCITYDESIGN.COM WEBSITE ARE PROPRIETARY TO QUIETCITYDESIGN.COM ITS SUCCESSORS AND ASSIGNS, AND/OR ITS SUPPLIERS AND ARE PROTECTED UNDER CANADIAN AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. ALL RIGHTS ARE RESERVED. YOU MAY NOT DOWNLOAD AND/OR SAVE A COPY OF ANY OF THE SCREENS EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT; YOU MAY, HOWEVER, PRINT A COPY OF THE INFORMATION ON THIS WEBSITE FOR YOUR PERSONAL RECORDS TO BE USED AS A REFERENCE. QUIETCITYDESIGN.COM DOES NOT GRANT ANY LICENSE OR OTHER AUTHORIZATION TO ANY USER OF ITS TRADEMARKS, SERVICE MARKS, COPYRIGHTABLE MATERIAL OR OTHER INTELLECTUAL PROPERTY BY PLACING THEM ON THIS WEBSITE. QUIETCITYDESIGN.COM RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN.

TERM OF AGREEMENT AND TERMINATION:

THIS AGREEMENT IS NON-CANCELLABLE BY YOU THE BUSINESS OWNER or RENEWED ACCOUNT FOLLOWING ACTIVATION AND SOFTWARE RECEIVED.

This Agreement shall remain in force and effect as long as you hold an account with QUIETCITYDESIGN.COM. You may close your account at any time following your initial twenty-four-month subscription term and terminate this Agreement by providing a email within 48 hours to QUIETCITYDESIGN.COM BEFORE YOUR NEXT BILLING CYCLE, WITH YOUR EXPLICIT REQUEST TO CANCEL your account. The use of software memberships are available on a monthly basis. There are no refunds on purchased subscriptions on QUIETCITYDESIGN.COM or between billing cycles.

1) In the event the other party suffers any insolvency proceeding, either voluntary or involuntary, or is adjudicated bankrupt or makes any assignment for the benefit of creditors. Such termination shall not relieve the party in proceedings from liability for the performance of its obligations arising prior to such termination and shall be in addition to all other rights and remedies the terminating party may have available to it under this Agreement, at law or in equity; or

2) At any time upon written notice (including electronic mail) with or without cause by QUIETCITYDESIGN.COM in the event of a material breach by you of any of the Terms of Service set forth herein.

3) Upon written notice to the other party if such party reasonably believes that (i) performance of this Agreement violates or is being conducted in a manner that does not comply with any applicable law, regulation, licensing requirement, ordinance or order, and (ii) that such violation or non-compliance cannot be remedied or that the cost of remediation or compliance is prohibitive.

GOVERNING LAW AND CHOICE OF VENUE

Ontario law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws and without regard to conflicts of law principles. In any litigation, arbitration, or other proceedings by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liability clause. The parties consent to the exclusive jurisdiction and venue of the courts of the Province of Ontario, City of Toronto or to any Federal Court located within Canada.

SEVERABILITY

If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY

The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.