Who are We?
1.1. CHERRY QUEST is a marketplace for products and services across the world using vendors, service and drop shipping providers. Mainly, CHERRY QUEST grants access to the third-party service and products.
Your Acceptance
2.1. These terms and conditions (hereinafter “Terms and Conditions”) constitute a legally binding agreement by and between you, the user, that will be using CHERRY QUEST ’s website (referenced below as “you” or “User(s)”), and DAZO networks LLC, doing business as CHERRY QUEST (hereinafter “ CHERRY QUEST”, “we”, “us” or “our”), a Washington limited liability company whose registered office and principal place of business is at 8240 126th Ave NE, Kirkland, WA 98033, its subsidiaries and affiliates, with respect to the use of CHERRY QUEST’s website (the “Website”).
2.2. Please read the following important terms and conditions carefully. By using the Website, you accept the Terms and Conditions hereof, including the terms of our Privacy Policy (as defined in Section 4 below).
2.3. You agree to be bound by the aforementioned Terms and Conditions and Privacy Policy and to comply with all applicable laws and regulations regarding your use of the Website and Service, as defined above and below.
2.4. By your use of the website, you affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
2.5. You affirm that your use of the Service on behalf of any third party is authorized by such third party.
2.6. If you learn of an unauthorized use of the Service (by a third party or otherwise), we encourage you to notify us via our contact us from (at https:// CHERRY QUEST.com/contact-us/.
2.7. If you do not agree to all these Terms and Conditions, do not access and use any part of the Website and Service, as defined below.
Privacy Policy
3.1. User acknowledges and agrees that CHERRY QUEST may collect certain data and other personally identifiable information about Users through the Service.
3.2. Our collection and use of such information is governed by our privacy policy, which is available at: www. CHERRYQUEST .com/privacy-policy (the “Privacy Policy”). By using our Service or any part thereof, you acknowledge that you have reviewed our Privacy Policy and agree to be bound by its terms and conditions.
Our Services
4.1. CHERRY QUEST offers a marketplace for you to purchase products and services provided directly by us or our vendors’ and drop shipping network.
Products and services may be offered by third-party on our site.
The nature and scope of a service may be subject to an individual agreement executed between you and CHERRY QUEST. To do so, please contact us at via our contact us from (at: https:// CHERRY QUEST .com/contact-us/).
4.2. To access the services mentioned above you must have an active account on CHERRY QUEST . Such account is only available to customers who purchased a product or service on the site.
Prohibited Use
5.1. CHERRY QUEST may permanently or temporarily terminate, restrict, suspend, or otherwise refuse to permit user’s access to the Website or Service without notice and liability, at CHERRY QUEST’s sole determination, mainly if the User violates any of the Terms and Conditions, including the following prohibited acts, which you agree not to perform: (i) use the Website or Service for any illegal purpose or to submit, transmit or facilitate the distribution of information or content that is unlawful, illegal, harmful, abusive, racially or ethnically offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, libelous, threatening, or in a reasonable person’s view, objectionable; (ii) violate these Terms and Conditions and any applicable local, state, national or international law or regulation; (iii) Attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website or Service; (iv) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software to the Website or through the Service; (vi) impersonate another person or otherwise misrepresent User’s affiliation with a person or entity, conduct fraud, hide or attempt to hide User’s identity; (vii) submit, upload, post, email, transmit or otherwise make available any information or content that User does not have a right to use or make available; (viii) interfere or attempt to interfere with the proper working of the Website or the Service; (ix) bypass the measures CHERRY QUEST may use to prevent or restrict access to the Website or Service; or (x) Decompile, reverse engineer, disassemble, enhance, or otherwise make any attempt to discover the source code of the Website, the Service, or any part thereof.
5.2. The User hereby undertake that he will not (himself), and will not permit or authorize third parties to use the Website or Service, including any portion thereof, in any way that (i) infringes, violates, misuse or otherwise interferes with any copyright, patent, trademark, trade secret or other intellectual property right or contractual rights of any third party; (ii) is illegal or encourages or advocates illegal activity;
5.3. Except as expressly authorized herein, the User will not (himself), and will not permit or authorize third parties to: (i) Take any action intended to circumvent or disable the operation of any security feature or measure of the Website or Service; (ii) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Website, Service, or any portion thereof, to any third party; (iii) modify, reproduce, or create derivative works from the Website, Service or any part thereof; or (iv) access the Website or Service via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent).
Registration
6.1. As a condition to using all or some aspects of the Service, Users will be required to register to the Service and create a user account. Your user account may give you access to certain services, including your User Content and any other functions that Cherry Quest may establish and maintain from time to time, at its sole discretion.
6.2. As part of the registration process, you may be required to provide Cherry Quest certain personal information (including, name, phone number, e-mail address, etc.) and select a password. You shall provide Cherry Quest with accurate, complete, and updated registration information, in compliance with all applicable laws, rules and regulations, and may not (i) impersonate to another person; (ii) use as a user name a name that is subject to any rights of another person or entity without appropriate authorization; or (iii) use another User’s account without permission.
6.3. You are solely responsible for the activity that occurs on your user account, and you must keep your password and other credentials secured.
6.4. Cherry Quest reserves the right to refuse User’s registration or to block User’s access to the Service, at its sole discretion.
6.5. The User must notify Cherry Quest immediately of any breach of security or unauthorized use of your user account. Cherry Quest will not be liable for your losses caused by any unauthorized use of your account (or any other losses as detailed below), however, you may be liable for the losses of Cherry Quest or others due to such unauthorized use.
Changes to the Service
7.1. Cherry Quest may (i) change, suspend or discontinue the Service (or any part thereof, including the Website and usage thereof) at any time, including the availability of any feature, content or database, without notice or liability; (ii) offer alternative and/or additional website or services to certain Users, that may not be offered to other Users. You acknowledge that Cherry Quest may charge a fee for the use of any such additional website or service, at its sole discretion, provided that Cherry Quest notifies you of any such fee before you incur it. In addition, Cherry Quest may impose limits on certain features or restrict your access to the Service (or any part thereof) without notice or liability.
Links to Third Parties
8.1. The Website may contain links to third-party websites. Such websites are not operated, owned or controlled by Cherry Quest. Cherry Quest has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third-party websites. By using the Cherry Quest Website, You expressly relieve Cherry Quest from any and all liability arising from your use of any third-party website. Accordingly, Cherry Quest encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policies of other websites that you visit. Unless Cherry Quest expressly stated otherwise, the fact that Cherry Quest has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers.
Intellectual property
9.1. Cherry Quest retains all right, title, and interest in and to the Website and Service (including all related intellectual property rights). Subject to these Terms and Conditions, Cherry Quest hereby grants you a limited, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Service and the Website for non-commercial use only, provided that you will not alter or modify any part of the Service or Website, other than as may be reasonably necessary to use the Service for its intended purpose. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by Cherry Quest with respect to the Website and Service, including any proprietary information, patent, copyright, trademark, trade secret, or other intellectual property right, whether registered or not.
9.2. All data, metadata, information, photos, illustrations, drawings, animations, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, trademarks, service marks, trade names, the “look and feel” of the Website, algorithms, source and object code, interface, graphic user interface, and other features obtained from or through the Website and Service as well as any other content (“Content”) used, displayed, included, incorporated, uploaded, posted or published by Cherry Quest or any third party on its behalf to the Website or Service, are the sole property of Cherry Quest and/or their licensors (“Cherry Quest Content”), and you may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of Cherry Quest or any relevant third party. For the sake of clarity, you may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, Cherry Quest Content or any part thereof.
9.3. If and when you use any of Cherry Quest Content, you hereby represent and warrants that you will attribute the materials to their source and maintain all copyright and other proprietary notices contained on the materials to its owner.
WARRANTY AND DISCLAIMER
10.1. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE SERVICE AND WEBSITE ARE SUPPLIED “AS IS”, AND WITHOUT WARRANTY OF ANY KIND. Cherry Quest DOES NOT WARRANT THAT THE USE OF THE SERVICE OR WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. Cherry Quest MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE WEBSITE, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
LIMITATION OF LIABILITY
11.1. IN NO EVENT SHALL Cherry Quest, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE SERVICE, THE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE SERVICE OR THE WEBSITE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER Cherry Quest HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREATE LIABILITY OF Cherry Quest AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED OR IN CONNECTION TO YOUR USE OF THE SERVICE OR WEBSITE EXCEED THE SERVICE FEE ACTUALY PAID (IF ANY) BY YOU TO Cherry Quest FOR THE SERVICE WITH RESPECT TO THE CLAIM OR CAUSE OF ACTION.
11.2. WITHOUT DEROGATING FROM THE FOREGOING, Cherry Quest ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR USER CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE OR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE OR WEBSITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
Indemnification
12.1. Upon its first demand, you, the user, agree to defend, indemnify and hold Cherry Quest, its shareholders, directors, officers and employees, harmless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) arising from and/or caused due to: (i) Your use, misuse of, inability to use and/or activities in connection with the Service and/or content (ii) Your violation of any of these Terms and Conditions; (iii) Your violation of any user or third party rights, including without limitation privacy right, copyright or any other intellectual property rights of such user or third party; (iv) Any user generated content, including without limitation, user content and any feedbacks or suggestions of Cherry Quests Service that you uploaded through the use of the Service; and (v) Any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Service. It is hereby clarified that this defense and indemnification obligation will survive these Terms and Conditions.
12.2. Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.
Assignment
13.1. These Terms and Conditions and any rights and licenses granted hereunder may not be transferred or assigned by the User, but may be assigned by Cherry Quest without restriction, including without limitation, in the event that Cherry Quest, forms a partnership with, is merged with, or is acquired by another company.
Termination
14.1. Cherry Quest may terminate or suspend your license, account, and access to the Website or Service (or any part thereof) immediately, without prior notice or liability, if you breach, or fail to comply with, any of the Terms and Conditions hereof. Cherry Quest may also terminate a User’s access to the Service for any or no reason. All the provisions of these Terms and Conditions which by their nature should survive termination (including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability) shall remain in full force and effect following termination thereof, for any reason whatsoever. Termination of these Terms and Conditions shall not relieve you from any obligation arising or accruing prior to such termination or limit any liability which you otherwise may have to Cherry Quest.
Governing law
15.1. You hereby represent and warrant that you are fully aware that Cherry Quest and the Website are solely based in Washington in accordance with applicable law, and that the Website does not give rise to personal jurisdiction over Cherry Quest, either specific or general, in jurisdictions other than Washington.
15.2. You agree that these Terms and Conditions shall be governed and interpreted exclusively pursuant to the laws of the State of Washington, notwithstanding any principles of conflict of laws or your actual state or country of residence that would result in the application of the laws of any other jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the competent courts located within King County, Washington.
Entire agreement; Severability
16.1. These Terms and Conditions, together with the Privacy Policy and any other legal notices published by Cherry Quest on the Website, shall constitute the entire agreement between you and Cherry Quest concerning the Website and the use of the Website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
16.2. In the event of a discrepancy and/or contradiction between what is stated in these Terms and Conditions and what is mentioned in any publication and/or other information published and/or given by Cherry Quest and/or anyone on its behalf with regard to the Service the provisions of these Terms and Conditions shall prevail.
Modifications
17.1. Cherry Quest reserves the right, in its sole discretion, to modify or update these Terms and Conditions and/or the Privacy Policy and/or any other policies incorporated thereto, at any time by posting the modified provisions at: www.Cherry Quest.com/terms-of-service, and you shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. By continuing to access or use the Website after Cherry Quest makes any such revision, you agree to be bound by the revised Terms and Conditions.
Miscellaneous
18.1. These Terms and Conditions will also govern any future upgrades or updates, or new releases provided by Cherry Quest in connection with the Website and Service, unless any such upgrades or updates are accompanied by a separate license, in which case the terms of that separate license will govern.
18.2. We welcome links from any public page to our Website. You are free to establish a hypertext link so long as the link does not state or imply any connection or approval of your website, products and/or services by Cherry Quest, and does not portray Cherry Quest in a false or otherwise offensive manner. However, we do not permit framing or inline linking. In addition, you may not link to our Website from a site that you do not own or have permission to use. In the event that you link to Cherry Quest’s Website you represent that your site does not contain content that is unlawful, offensive or infringing third parties’ rights.
18.3. The failure of Cherry Quest to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by Cherry Quest in writing.
18.4. If you send Cherry Quest feedbacks or suggestions regarding the Service, you acknowledge that Cherry Quest may use them at its sole discretion, without any obligation to compensate you in any manner for such feedbacks or suggestions.
18.5. You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Website and Service, and for any fees charged by third parties in connection therewith, and Cherry Quest shall have no responsibility or obligation in connection therewith.
18.6. If you have any questions or queries about these Terms and Conditions or our Website or Service in general, please do not hesitate to contact us via our contact us form at: https://Cherry Quest.com/contact-us/.
18.7. You acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them.
Last modified: November 7, 2021