Terms of Use
That to which you're agreeing
by using this site

By using the Kumquat site and its related services, you are agreeing to the following terms

Terms for Kumquat, a service provided by Return Corporation ("Return"). This agreement describes the terms on which you may access and use our services.

By registering as a Kumquat user, you are agreeing to accept all of the terms and conditions of this agreement and the Privacy Policy. In the event of any inconsistency between the Kumquat Privacy Policy and these Terms of Use, the Terms of Use shall prevail.

These Terms of Use are an Agreement between you and Return. Your use of the Kumquat service is deemed your acceptance of this User Agreement.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Kumquat indicates your acceptance of the amended User Agreement.

Description of Service

Kumquat is an online service offered to enable individuals to collect and manage feedback on performance. The service is provided with the express purpose of giving the individual—rather than any particular organization or corporation—control over and immediate access to the data that furthers personal and professional growth.

Membership Eligibility

Kumquat is available to any registered user, excepting those users who have been suspended or removed from the system by Return for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Kumquat account to another party. If you do not qualify, you may not use Kumquat.

Use of Service

Your use of Kumquat is governed by these Terms of Use. While every opportunity to forewarn users will be taken, Kumquat may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. In addition, you may be banned from further use of Kumquat.

You agree to immediately notify Return of any unauthorized use of your password or account or any other breach of security. Return cannot and will not be liable for any loss or damage arising from your failure to comply with this section in your use of Kumquat.

Termination

You agree that Return may, with or without cause, immediately terminate your Kumquat account and access to the data stored in Kumquat without prior notice.

Without limiting the foregoing, the following will lead to a termination by Return of a user’s use of Kumquat (a) breaches or violations of this Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Kumquat account includes removal of access to all offerings within the Kumquat and may also bar you from further use of Kumquat. Furthermore, you agree that all terminations shall be made in Return’s sole discretion and that Return shall not be liable to you nor any third-party for any termination of your account or access to the Kumquat.

User Conduct

You understand and agree not to use Kumquat to:

Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.

Use Kumquat for any illegal purpose, including but not limited to conspiring to violate laws.

Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.

Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.

Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to a) Using Kumquat invitations to send messages to people who don’t know you or who are unlikely to recognize you; b) Using Kumquat to contact people who don’t know you and then sending unsolicited promotional messages to those individuals using Kumquat; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases using Kumquat.

Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Stalk or harass anyone.

Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through Kumquat.

Post content in fields that aren’t intended for that content. Example: Putting an email address in a name or title field.

Interfere with or disrupt Kumquat services or users or servers or networks connected to Kumquat, or disobey any requirements, procedures, policies or regulations of networks connected to Kumquat.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Information Provided on this Web site

In the course of using Kumquat, you may provide information about yourself which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this Web site). You understand that by posting information on Kumquat or otherwise providing materials to Kumquat, you are granting to Return a royalty-free, perpetual, irrevocable license to use this information in the course of offering Kumquat.

Furthermore, you understand that Kumquat retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through Kumquat is the sole responsibility of the person from which such content originated and that Return will not be liable for any errors or omissions in any content.

You understand that Return cannot guarantee the identity of any other users with whom you may interact in the course of using Kumquat. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Service

Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained within Kumquat is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our Web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Kumquat-focused Communications from Return

In the course of providing you services, Return may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of Kumquat. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through Kumquat.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with Kumquat, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Kumquat, you may be exposed to content that you find offensive or objectionable. You can contact Return to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action.

In any case, under no circumstances will Return be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content within Kumquat.

Fees

Responding to Kumquat review requests and signing up for a basic Kumquat account are free of charge.

Some services will beprovided for free only to beta users. Services may be introduced that require the payment of fee prior to use. Return will release these features at its discretion.

Return reserves the right to charge for Kumquat or any portion thereof, modify the pricing of, add to, or discontinue Kumquat or any portion thereof without prior notice. However, it is the intent of Return to maintain a free Kumquat offering that allows for the baseline functionality to gather and manage feedback on an individual's performance.

Indemnification

By accepting this Agreement, you agree to indemnify and otherwise hold harmless Return, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from a) your use of Kumquat; b) unauthorized access to or alteration of your communications with or through Kumquat, and c) any other matter relating to Kumquat or Return. Any business transactions which may arise between users from their use of Kumquat are the sole responsibility of the users involved.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that Return may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Return, the Kumquat service, its users, and the public.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT KUMQUAT (A SERVICE OF RETURN CORPORATION ("RETURN")) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT RETURN DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. RETURN ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. RETURN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

RETURN MAKES NO WARRANTY THAT (i) KUMQUAT WILL MEET YOUR REQUIREMENTS, (ii) KUMQUAT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF KUMQUAT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH KUMQUAT WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF KUMQUAT IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RETURN OR THROUGH OR FROM KUMQUAT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement

This document, the Terms of Use Agreement, constitutes the entire agreement between you and Return and governs your use of Kumquat, superseding any prior agreements between you and Return.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RETURN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RETURN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL RETURN’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law

The Terms of Use Agreement between you and Return will be governed by and construed in accordance with the laws of the State of Oregon without regard to conflict of laws principles.

General Information

Kumquat, the Kumquat logo, the Kumquat "fruit" artwork, and other Kumquat logos and names are property of Return Corporation. You agree not to display or use these trademarks in any manner without Return’s prior, written permission. Be advised, this permission need not be directed to a particular person or entity. This permission may come in the form of content posted to the Kumquat Web site or stipulations of Creative Commons licensing. The section titles of this Terms of Use Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the Terms of Use to:

Return Corporation
Attn: Kumquat
8295 SW 89th Ave
Portland, OR 97223
United States

or via email to admin@kumquathq.com.